Seven internet merchants received warning letters from the FDA today, accusing them of selling novelty vapes that resemble "youth-appealing toys and drink containers." The goods "may be easily concealed and contain nicotine, which is highly addictive and can harm the developing adolescent brain," according to FDA Center for Tobacco goods Director Brian King.
Only a small portion of the global vape market is made up of novelty vapes, which are frequently targeted by the FDA. The majority of vapers purchase goods they are certain will function, and those who rely on vape devices to help them quit smoking don't find faith in novelty vapes. Known producers of vaping goods do not produce novelty items.
The FDA sees vapes fashioned like little Coke bottles and cell phone replicas from the 1980s as a chance to flaunt their regulatory power and purported concern for the welfare of the country's youth.
According to a news statement from the FDA, "the products' design may also help youth conceal the e-cigarettes from adults or be confused with an everyday object and the contents accidentally ingested by young children." However, how young would a youngster have to be to confuse a vaporizer that looks like a three-inch "drink container" for a real Slurpee?
The FDA issued warnings to 15 wholesalers and retailers in August for marketing goods that were identical to those listed today. The FDA wrote to five producers of "confusing" novelty vapes in November of last year; four of them were based in China and did not have a physical address in the United States. Among them was a producer of novelty vapes that resembled video games and had been the subject of a warning letter issued over two years prior.
Only seven e-liquid-based vapes—six of which are still on the market—have been approved for sale in the United States by the FDA since it gave itself regulatory power over the vape industry in 2016. No bottled e-liquid, refillable open-system vapes, or vaping items with tastes other than tobacco have been approved by the government. Millions of vaping items have had their premarket tobacco applications (PMTAs) denied by the FDA, leading numerous businesses to file legal challenges in federal courts against the agency's rulings.
Warning letter recipients have 15 working days to reply, outlining the corrective measures they've implemented or refuting the accusations made by the agency. Those that fail to respond could be subject to more FDA penalties.
