FDA Issues Warning Letter to 115 Merchants
As a result of these retailers selling unauthorized disposable vape products, the FDA and state partners sent warning letters to 115 retailers, including brands such as Geek Bar and Elf Bar. Businesses that have been warned are required to submit rectification plans within 15 working days or face further punishment.
Geek Bar, Elf Bar Brands Named
On December 5, the US Food and Drug Administration (FDA) announced that it had sent warning letters to 115 brick-and-mortar retailers that had been penalized for selling unauthorized vape brands. The warning letters mentioned the sale of disposable vape products, made by Chinese manufacturers and sold under well-known brand names, including Geek Bar Pulse, Geek Bar Skyview, Geek Bar Platinum, and Elf Bar.
These warning letters are part of the FDA’s ongoing enforcement action, carried out in coordination with state partners, to identify and combat unauthorized vape sales. The FDA contracts with states, territories, or third-party agencies to help inspect retail locations for compliance.
Merchants are required to respond within 15 business days
According to the 2024 National Youth Tobacco Survey, 5.8% of teen vape users currently report using Geek Bar-branded products. In addition, the FDA’s Population Assessment of Tobacco and Health Study of Additional Rapid Statistics on Cigarettes and Healthy Populations, after an initial information review, also confirmed the brand’s high youth appeal.
The FDA closely monitors industry compliance with cigarette laws and regulations under the Federal Food, Drug, and Cosmetic Act and takes action when it finds violations. Merchants who receive a warning letter are required to respond within 15 business days and demonstrate the corrective actions they will take and their plans to prevent future violations. If violations are not corrected on time, FDA may take further action, including litigation, seizure, and/or civil fines.
According to regulations, new tobacco products must be authorized by the FDA before they can be legally sold. In general, unauthorized products are subject to law enforcement risk. To date, the FDA has authorized 34 vape brands and devices. These are the only vape brands that can be legally sold in the United States. For more information about cigarette products that can be legally sold in the United States, please refer to the FDA’s searchable database of Cigarette products.
