FDA Fines 20 Retailers for Illegal Sale of ELFBAR E-cigarettes

Elfbar by 2FIRSTS
Feb.27.2024
FDA Fines 20 Retailers for Illegal Sale of ELFBAR E-cigarettes
FDA files civil penalties against 20 retailers for unauthorized ELFBAR e-cigarette sales, seeking up to $20,678 in fines per violation.

The U.S. Food and Drug Administration (FDA) announced on February 26 that it has filed civil monetary penalty complaints (CMPs) against 20 retail entities for selling unauthorized ELFBAR e-cigarette products. The FDA had previously issued warning letters to each retailer regarding their sale of unauthorized e-cigarette products. However, subsequent inspections found that these retailers failed to correct their violations, and the agency is now seeking the maximum penalty amount of $20,678 for each retailer for each individual violation.

 

Including the complaints announced today, the FDA has filed CMP complaints against over 100 retailers, accusing them of illegally selling ELFBA re-cigarette products. Data shows that these products are appealing to teenagers. According to the 2023 National Youth Tobacco Survey, ELFBA is the most commonly used brand among adolescent e-cigarette users in the United States; over half of middle and high school students who reported using e-cigarettes in the past 30 days stated that they used ELFBAR products during that period.

 

Dr. Brian King, Director of the FDA's Center for Tobacco Products, stated, "These retailers have failed to address the violations regarding the sale of unauthorized e-cigarette products as previously warned by the FDA. Their continued illegal actions are unacceptable, and as today's actions demonstrate, we are committed to holding them accountable."

 

Currently, $20,678 is the maximum civil penalty amount that the FDA can seek from individual retailers for a single violation, consistent with similar CMPs filed in September, November, and December 2023 for retailers selling unauthorized ELFBAR products. Retailers may choose to pay the fine, enter into a settlement agreement based on mitigating factors, request an extension for a response, or submit a response and request a hearing. Retailers who fail to take action within 30 days of receiving a complaint are at risk of default judgment for the full penalty amount.

 

Ele Ibarra-Pratt, acting director of the Enforcement and Compliance Office at the FDA Center for Tobacco Products, stated, "We closely monitor the entire supply chain, including retailers, to ensure compliance with the law. This includes tracking inspections and monitoring of retailers who have received warning letters, and taking enforcement actions as necessary, including filing civil monetary penalty complaints and seeking seizure and injunction."

 

The CMP action is the latest initiative by the FDA to continuously crack down on unauthorized e-cigarette products throughout the supply chain, especially those popular among teenagers. As of February 15th, the FDA has issued warning letters to over 440 retailers, including brick-and-mortar stores and online retailers, and has filed 100 CMP lawsuits accusing them of selling unauthorized tobacco products.

 

In addition to actions against retailers, the FDA has issued over 660 warning letters to manufacturers, importers, and distributors, accusing them of illegally selling and/or distributing unauthorized new tobacco products, including e-cigarettes. The agency has also filed Civil Money Penalty (CMP) lawsuits against 50 e-cigarette companies, alleging they manufactured unauthorized products, and is coordinating with the Department of Justice to seek injunctions against seven companies manufacturing unauthorized e-cigarette products.

 

The FDA will continue to take regulatory and enforcement actions against companies manufacturing, distributing, importing, or selling unauthorized e-cigarette products, including pursuing CMP lawsuits against retailers engaged in illegal practices.

 

2FIRSTS also contacted the relevant person in charge of IMiracle (Heaven Gifts), the parent company of the ELFBAR brand, in relation to this incident. Their full response is as follows:

 

Since February 2023, IMiracle (Heaven Gifts) has ceased sales of ELFBAR products in the United States. Market feedback indicates that the current ELFBAR products available in the U.S. are not produced by IMiracle (Heaven Gifts), but rather are sourced from VPR or counterfeit workshops in Southeast Asia. We urge consumers to be vigilant and call on U.S. regulatory authorities to crack down on counterfeit goods at the import level. Additionally, we support efforts by U.S. regulatory agencies to strengthen oversight of counterfeit goods in order to effectively protect consumers from the harm of counterfeit products.

 

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

Couche-Tard Posts Double-Digit U.S. Same-Store Growth in Other Nicotine Products, Led by Pouches
Couche-Tard Posts Double-Digit U.S. Same-Store Growth in Other Nicotine Products, Led by Pouches
Alimentation Couche-Tard said U.S. same-store sales in its “other nicotine products” category grew at a double-digit rate in the first quarter of fiscal 2027, led by nicotine pouches, while overall U.S. same-store merchandise revenues increased 1.7%. The company also said its Canadian nicotine business continued to face regulatory pressure and illicit-market headwinds. The U.S. performance coincides with Couche-Tard's participation in efforts to reopen Canadian convenience-store access to authorized nicotine pouches, though the company has not established a direct causal link between the two.
Sep.14
Charlie’s Says 30 PACHA Vape SKUs Tentatively Identified for FDA’s Non-Priority Enforcement Public List
Charlie’s Says 30 PACHA Vape SKUs Tentatively Identified for FDA’s Non-Priority Enforcement Public List
Charlie’s Holdings said the U.S. Food and Drug Administration notified the company on June 23, 2026, that 30 PACHA vape SKUs with submitted PMTAs had been tentatively identified for inclusion on a planned public-facing FDA webpage. Under enforcement guidance issued by FDA in May, the webpage is intended to identify certain unauthorized products for which the agency generally does not intend to prioritize enforcement of premarket authorization requirements. Charlie’s disclosed the development alongside second-quarter revenue of $3.8 million, up 116% year over year.
Aug.25
Product | JT Expands Vote-Winning EVO Cacao Mint Crystal to Nationwide Retail in Japan, Adds 22-Stick Limited Pack at Same Price
Product | JT Expands Vote-Winning EVO Cacao Mint Crystal to Nationwide Retail in Japan, Adds 22-Stick Limited Pack at Same Price
Japan Tobacco (JT) will expand EVO Cacao Mint Crystal from limited channels to nationwide retail in Japan from October 6, 2026. The Ploom tobacco stick ranked first in the brand's first consumer voting campaign for new tobacco-stick SKUs held earlier this year. JT will also introduce a limited 22-stick pack at the same JPY 620 price as the standard 20-stick pack. The capsule-format product combines menthol with sweet, bittersweet cacao notes and adds a berry nuance when the capsule is crushed.
Sep.09
South Korea Extends Vape Rules to Unmanned Stores After Bringing Synthetic Nicotine Under Tobacco Law
South Korea Extends Vape Rules to Unmanned Stores After Bringing Synthetic Nicotine Under Tobacco Law
South Korea's Ministry of Gender Equality and Family said on September 14 that it plans to designate unmanned e-cigarette stores as businesses where minors are prohibited from entering or working. Operators would be required to verify customers' ages and display notices restricting access by minors. The proposal is open for public comment through October 6. The move follows an April expansion of South Korea's statutory tobacco definition that brought products made with natural or synthetic nicotine under the Tobacco Business Act. Nicotine-free liquids and products using nicotine analogues such as 6-methylnicotine, however, remain an emerging regulatory issue.
Sep.21
Reuters Tracks Big Tobacco’s Shift Beyond Cigarettes as Nicotine Pouches Vie for the Next Growth Curve
Reuters Tracks Big Tobacco’s Shift Beyond Cigarettes as Nicotine Pouches Vie for the Next Growth Curve
As cigarette markets face long-term pressure, major tobacco companies are increasingly turning to nicotine pouches in search of growth beyond combustible tobacco. Reuters has examined whether nicotine pouches can become the next strategic growth platform for companies including Philip Morris International, British American Tobacco and Japan Tobacco. PMI strengthened its position through the acquisition of Swedish Match and its ZYN brand, while BAT and JTI continue expanding their own nicotine pouch portfolios. The category has gained attention because of its smoke-free, device-free format, but regulation, youth-use concerns and market scale will determine whether it can become a long-term growth engine.
Regulations
Aug.18 by 2Firsts Perspectives
Imperial Brands Acquires Helwit Owner Yoik Group for SEK 515 Million, More Than Doubling Swedish Nicotine Pouch Share
Imperial Brands Acquires Helwit Owner Yoik Group for SEK 515 Million, More Than Doubling Swedish Nicotine Pouch Share
Imperial Brands has agreed to acquire 100% of Swedish modern oral nicotine company Yoik Group AB for an initial SEK515 million, equivalent to about US$53.9 million, plus a deferred payment linked to performance over the next two years. Yoik owns nicotine pouch brand Helwit, which held about 3.4% of Sweden’s modern oral nicotine market over the past 12 months. Imperial says the acquisition will more than double its existing share of the Swedish market. Helwit is also sold elsewhere in the Nordics, through European online channels and in selected UK retail outlets.
Sep.08