Skip to main content
          Skip to FDA Search
          Skip to in this section menu
          Skip to footer links


U.S. flagAn official website of the United States government

					Here’s how you know
          			Dot gov**The .gov means it’s official.**Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you're on a federal government site.
							      SSL**The site is secure.** The **https://** ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. 
			U.S. Food and Drug Administration
				
        Search
            Menu
							
						Search FDA
									
									Submit search 
		Featured
							Contact FDA
	                FDA Guidance Documents
	                Recalls, Market Withdrawals and Safety Alerts
	                Press Announcements
	                Warning Letters
	                Advisory Committees
	                En Español

					Products
            Food
							Drugs
							Medical Devices
							Radiation-Emitting Products
							Vaccines, Blood, and Biologics
							Animal and Veterinary
							Cosmetics
							Tobacco ProductsTopics
            About FDA
							Combination Products
							Regulatory Information
							Safety
							Emergency Preparedness
							International Programs
							News and Events
							Training and Continuing Education
							Inspections and Compliance
							Science and ResearchInformation For
            Consumers
	            Patients
	            Industry
	            Health Professionals
	            Federal, State and Local Officials 
 In this section:

                CTP Newsroom

CTP Newsroom

                        Feature Stories Home
          Tobacco Products
          CTP Newsroom
          FDA Puts Distributors on Notice for Illegal E-cigarettes Popular with Youth, Including Elf Bar/EB Design and Esco BarsCTP Newsroom FDA Puts Distributors on Notice for Illegal E-cigarettes Popular with Youth, Including Elf Bar/EB Design and Esco Bars
  
  					Distributors given 15 working days to respond with a corrective action plan
	
    Share
    Post
    Linkedin

    Email
    Print*July 27, 2023*

On July 27, 2023, FDA issued warning letters to three distributors – ABS Distribution Inc., EC Supply, Inc. and Easy Wholesale, LLC – for selling and/or distributing multiple unauthorized e-cigarette products. The illegal products listed in the warning letters include the popular and youth-appealing e-cigarette products Elf Bar/EB Design, Esco Bars, and Puff Max.

**“FDA is committed to keeping a finger on the pulse of the rapidly evolving e-cigarette landscape, including through a variety of scientific assets equipped to quickly identify products with high youth appeal,” said Brian King, Ph.D., M.P.H., Director of FDA’s Center for Tobacco Products. “We will continue to use this data-driven approach to inform actions across the entire supply chain, including against those who distribute illegal products between manufacturers and the point of sale.”**

The distributors receiving warning letters today sell and/or distribute e-cigarettes in the United States that lack authorization from FDA, which is a prohibited act under the Federal Food, Drug, and Cosmetic Act. All of the brands cited in these warning letters have been identified as being among the most popular e-cigarettes among U.S. youth. Today’s warning letters are the latest in a series of FDA’s efforts across the supply chain to address these youth appealing brands. Other recent actions include:

Warning letter issued to a firm responsible for Esco Bars
	Warning letters issued to retailers and a distributor for selling/distributing Puff
	Warning letters issued to retailers for selling Elf Bar/EB Design and Esco Bars
	An import alert for all Elf Bar/EB Design and Esco Bars**“Warning letters are generally the first step once an inspection reveals a violation of the law,” said Ann Simoneau, J.D., M.B.A, director of the Office of Compliance and Enforcement within FDA’s Center for Tobacco Products. “We will monitor to ensure these violations are corrected, and if they are not, the recipient is at risk of further actions such as civil money penalties, seizures, and injunctions.”**

In an attempt to achieve voluntary compliance, recipients of warning letters are given 15 working days to respond with the steps they’ll take to correct the violation and to prevent future violations. A majority of warning letter recipients voluntarily take corrective action. However, failure to promptly correct the violations can result in additional FDA actions such as an injunction, seizure, and/or civil money penalties. Within the past year, FDA issued its first injunctions and civil money penalties against e-cigarette manufacturers. It is the agency’s intent to make these actions a routine component of its enforcement portfolio moving forward; for example, since January 2023, the agency has issued 15 civil money penalties against manufacturers for the illegal sale of e-cigarettes.

In addition to taking action against illegal products across the supply chain, FDA will continue to assess and enhance its surveillance capabilities to best monitor the rapidly evolving tobacco product landscape. For example, the FDA and the National Institutes of Health announced last month that funding was awarded for a new Center for Rapid Surveillance of Tobacco (CRST). This specialized center will complement CTP’s internal surveillance efforts by providing additional rapid information about changes in the tobacco product marketplace and tobacco use patterns.

                                                                                  Content current as of:
      07/27/2023CTP Newsroom

          
                        Feature Stories
 
 Footer Links
    FDA Archive
          About FDA
          Accessibility
      Visitor Information
          Website Policies / Privacy
          No FEAR Act
          Vulnerability Disclosure Policy
      FOIA
          HHS.gov
          USA.gov
    Contact FDA
      Follow FDA on Facebook
      Follow FDA on X
      Follow FDA on Instagram
      Follow FDA on LinkedIn
      View FDA videos on YouTube
      Subscribe to FDA RSS feeds
    FDA Homepage
    Contact Number
      1-888-INFO-FDA (1-888-463-6332) Back toTop