FDA and CBP Seize 1.4 Million Unauthorized E-Cigarette Products

Regulations by 2FIRSTS.ai
Dec.15.2023
FDA and CBP Seize 1.4 Million Unauthorized E-Cigarette Products
The FDA and CBP announced the seizure of over 1.4 million unauthorized e-cigarette products, including the popular brand ELFBAR.

On December 14th, the U.S. Food and Drug Administration (FDA) and the U.S. Customs and Border Protection (CBP) announced the seizure of approximately 1.4 million unauthorized e-cigarette products, including brands like ELFBAR. According to the 2023 National Youth Tobacco Survey, ELFBAR is the most widely used brand among teenage e-cigarette users. The retail value of these seized products exceeds $18 million. This operation was part of a three-day joint action, resulting in the seizure of 41 shipments containing illegal e-cigarettes.

 

Dr. Robert M. Califf, Director of the FDA, states, "The FDA is committed to continuing efforts to curb the illegal influx of e-cigarettes into the United States. Unscrupulous companies will go to any lengths to bring unauthorized tobacco products that appeal to young people into the country. The FDA will remain vigilant and work with our federal partners to halt these products before they reach the hands of our youth.

 

The FDA and CBP conducted a joint operation at a cargo inspection site in Los Angeles International Airport, where the team inspected imported goods for potential violations.

 

During the preparation for this three-day operation, the team spent several months reviewing shipping invoices, identifying potentially non-compliant imported goods, and conducting other investigations, ultimately achieving the successful outcome of this operation. Once the goods are confiscated and in the possession of the government, they will be disposed of in accordance with the law. For unauthorized new tobacco products, it generally implies that they will be destroyed.

 

The head of CBP, Troy A. Miller, stated, "This law enforcement operation is an exemplification of CBP's commitment to protecting our communities and combating the illegal importation of goods. The growing trend of illicit e-commerce demands that our agency remains vigilant in intercepting goods that pose serious risks to the health of the public, particularly youth, and dismantling the supply chains that transport them to our borders.

 

During the inspection of these goods, the team discovered various brands of illegal flavored disposable e-cigarette products, all originating from China. According to the recent National Youth Tobacco Survey (NYTS) data for 2023, disposable e-cigarettes are the most widely used type among American teenagers, with 89.4% of current e-cigarette users opting for flavored e-cigarettes. Fruit flavors are the most popular, followed by candy, desserts, or other sweet flavors, as well as menthol and mint flavors.

 

In addition to ELFBAR, the confiscated e-cigarettes also include EB Create products; earlier this year, the manufacturer of ELFBAR started promoting the product under the names "EB Design" and "EB Create". Other brands that were seized include Lost Mary, Funky Republic, RELX Pod, and IPLAY Max, among others.

 

In order to evade taxes and detection, many of these unauthorized e-cigarettes are deliberately declared as various items, such as toys or shoes, and are listed at incorrect values.

 

Dr. Brian King, Director of the FDA's Center for Tobacco Products, has issued a warning to individuals who unlawfully smuggle e-cigarettes, particularly those targeting youth, into the country. Federal agencies are aware of their tactics and will not hesitate to take action. The significant value of the seized products serves as a reminder to these criminals that their time and money are better spent abiding by the law.

 

The FDA adopts a comprehensive approach to ensure compliance and enforcement of tobacco products, taking action against relevant parties in the supply chain who violate the law, including manufacturers, importers, distributors, and retailers, as described in today's announcement. The FDA also regularly addresses the issue of illegal e-cigarette imports by placing certain companies on its Import Alert Red List, allowing for the detention of products upon entry without full inspections.

 

For example, in May, the FDA will add certain companies, including those associated with the ELFBAR brand, to a blacklist due to their unauthorized e-cigarette products that appeal to minors.

 

As of December 2023, the FDA has authorized the sale of 23 e-cigarette products and devices with various tobacco flavors, making them legally available in the United States. The distribution and/or sale of unauthorized new tobacco products are subject to compliance and enforcement actions.

 

As of December 2023, the FDA has issued over 650 warning letters to companies involved in the production, sale, and/or distribution of unauthorized new tobacco products, including flavored disposable e-cigarettes and popular brands among young people.

 

The FDA has also filed civil penalty complaints against 38 e-cigarette manufacturers and 67 retailers, and has initiated permanent injunction lawsuits against 7 companies illegally selling e-cigarettes. The FDA will continue to take appropriate action to combat the manufacturing, distribution, importation, and/or sale of unauthorized e-cigarette products, particularly those that appeal to young people.

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Vuse Alto Adds New U.S. Price Tier as BAT Pushes Deeper Into Mass-Market Vaping
Vuse Alto Adds New U.S. Price Tier as BAT Pushes Deeper Into Mass-Market Vaping
British American Tobacco (BAT) subsidiary Vuse Alto has recently adjusted its price tiers in U.S. convenience store channels, leveraging low-cost device kits and pod promotions to reinforce its positioning in the mid-priced closed-system e-cigarette market.
Jun.17
2Firsts Hosts U.S. Market Mid-Year Briefing: Companies Need to Reassess Product and Market-Access Strategies
2Firsts Hosts U.S. Market Mid-Year Briefing: Companies Need to Reassess Product and Market-Access Strategies
2Firsts held its 2026 U.S. Market Compliance and Development Mid-Year Briefing in Shenzhen, China, on July 28. The discussion examined how state-level requirements, proposed foreign-establishment registration rules and expanding supply-chain responsibilities are changing product and investment decisions in the U.S. tobacco and nicotine market.
Jul.29
BAT Restructuring to Affect 9,000 Roles as Tobacco Group Pushes Cost Cuts and AI
BAT Restructuring to Affect 9,000 Roles as Tobacco Group Pushes Cost Cuts and AI
British American Tobacco (BAT) plans to cut about 5,500 jobs globally and shift around 3,500 roles to strategic partners by the end of 2026, affecting about 9,000 roles in total, as the company seeks to simplify operations, strengthen technology capabilities and deliver £600 million in annual savings by 2028.
BAT
Jun.29
From a 2017 Launch to 48% of South Korea’s Heated Tobacco Market, KT&G Looks Back on a Decade of lil
From a 2017 Launch to 48% of South Korea’s Heated Tobacco Market, KT&G Looks Back on a Decade of lil
KT&G announced on Aug. 13, 2026, that it has opened “lil Archive,” a brand exhibition space in Seoul showcasing the evolution, technology platforms and future direction of its heated tobacco brand lil since its launch in 2017. KT&G said lil now spans three major platforms — lil SOLID, lil HYBRID and lil AIBLE — with more than 30 dedicated consumables, and held a 48% share of South Korea's heated tobacco market in the second quarter of 2026. The opening comes as lil enters its 10th year, with KT&G continuing to position the brand for expansion beyond its domestic market.
Aug.14
Product | YOOZ Launches Waker Electronic Shisha Device, Expanding Vape Applications Beyond Portable Devices
Product | YOOZ Launches Waker Electronic Shisha Device, Expanding Vape Applications Beyond Portable Devices
YOOZ has introduced the Waker Electronic Shisha device, expanding its vaping portfolio into the electronic shisha category. The device combines a rechargeable hardware platform with dedicated cartridges, featuring a 4,000mAh battery, up to 60W output power, and LED lighting effects. The product has appeared across multiple French retail channels, reflecting the continued expansion of vaping products into new consumption scenarios.
Jul.13
Imperial Brands Plans Thousands of Job Cuts Across U.S. and Europe in Cost Restructuring
Imperial Brands Plans Thousands of Job Cuts Across U.S. and Europe in Cost Restructuring
According to Reuters, citing Bloomberg News, British tobacco company Imperial Brands PLC plans to cut thousands of jobs across the United States and Europe as part of a cost reduction and organizational restructuring effort. The announcement drew market attention to the company’s shares. The move comes as global tobacco companies continue adjusting their operations amid slower cigarette market growth, changing consumer preferences and the transition toward next-generation nicotine products.
Aug.11