| Section | Link to Section |
|---|---|
| Disposables Waged By The FDA | The New Battle Against Disposables Waged By The FDA |
| Vaping Toothpaste | Is It Possible For The FDA To Repackage The Vaping Toothpaste? |
The FDA declared today that it has sent warning letters to 19 online and 170 physical retailers for selling products that are not permitted, such as Esco Bars and Elf Bars. The letters, all dated June 5–16, according to the agency, were the result of a "nationwide retailer inspection blitz" that was carried out during the previous few weeks.
Convenience stores, petrol stations, and tobacco shops make up the majority of the physical stores that have received warnings; nevertheless, some vape shops have been identified. Major retailers and gas station chains own or have ties to several of the stores. Among those mentioned were Directvapor and MyVaporStore, two of the biggest online vape shops.
The retailers were only cautioned against selling goods to adults who haven't received FDA approval via the premarket tobacco (PMTA) procedure, not for selling to minors. Despite the fact that the JUUL and Vuse Alto devices are also unapproved, no one was cited for selling them.
Recipients of the warning letters have 15 business days to respond to the letters' accusations or provide justification for how they plan to address the infractions.
The New Battle Against Disposables Waged By The FDA
The FDA's increasingly desperate battle on disposable vapes is being waged, with the enforcement actions being the latest salvo. Since the FDA began targeting flavored pod-based vapes for enforcement in early 2020, the typically fruit-flavored single-use items have taken a sizable chunk of the vaping market's convenience store/gas station segment.
The Centers for Disease Control and Prevention (CDC) analysis, which was also released today, was cited in a press release from the FDA today. It revealed that, as of December 2022, Breeze Smoke and Elf Bar disposable vapes had surpassed all other C-store vape brands in sales, and that, overall, disposables had displaced a sizable portion of pod-based vaping product sales. (Vuse and Juul, however, continue to be the top two brands.)
Members of Congress, tobacco control organizations, and notably the massive cigarette company R.J. Reynolds are putting increasing pressure on the FDA to impose restrictions on the sales of disposables and other flavored vape devices. Over the past few months, the agency has taken some whack-a-mole enforcement actions.
The FDA ordered FDA inspectors to stop shipments of Elf Bar and Esco Bar goods in mid-May through import alerts. A week later, the government ordered the makers of Breeze disposables and Esco Bar to take their items off the market in warning letters. The FDA promptly issued warnings to many retailers to discontinue the sale of Puff Bar and Hyde disposables.
Is It Possible For The FDA To Repackage The Vaping Toothpaste?
In the US, millions of vaping goods are sold, the great majority of which are bottled e-liquids and disposable vapes with flavors other than tobacco and menthol. Other disposable brands will take their place even if the FDA is successful in stopping imports and sales of Elf Bar and Esco Bar goods. Numerous cases from e-liquid producers contesting marketing denial orders for flavored goods are also pending against the regulatory body.
According to the FDA's news release, "23 tobacco-flavored e-cigarette products and devices have been authorized to date." "At this time, only these e-cigarette products are allowed for sale in the United States."
The FDA has certified eight vape devices, all of which are unpopular and ineffectual items created by corporations connected to large tobacco industries. The only refills that are legally accessible for these devices are tobacco-flavored ones. (One of the gadgets, the Vuse Ciro, was so unpopular that the FDA approved its sale, but the manufacturer, R.J. Reynolds, decided to withdraw it.)
The FDA has not approved any bottled e-liquids or refillable devices, nor has it approved any vaping items with flavors other than tobacco. The government has authorized two disposable gadgets that are significantly modified versions of the long-gone and largely forgotten NJOY Daily.
People's preference for flavored vapes is the FDA's issue. Demand won't be greatly decreased if a certain brand of well-known e-cigarettes is taken off the market. As long as millions of people want vaping goods that are effective and come in well-liked flavors, ambitious wholesalers and retailers will keep filling orders.
