On October 30, US time, the U.S. Food and Drug Administration (FDA) announced that the agency had sent warning letters to 9 online retailers and 1 manufacturer, accusing them of selling and/or distributing unauthorized disposable vapes with designs and functions similar to smart technology, including mobile phones and gaming devices.
The products mentioned in the warning letter are advertised as having a variety of designs and functions that may attract young people, such as the ability to play games, connect to smartphones, receive text messages or phone notifications, play music, or personalize products with custom wallpapers.
“These products may look like smart devices, but in fact they are not smart at all,” said Brian King, Ph.D., M.P.H., director of the FDA’s Center for Tobacco Products. “They are illegally sold and are a blatant attempt to target children.”
In addition, the designs of the unauthorized products mentioned in the warning letter may attract young people because these designs help conceal the nature of the products as tobacco products from parents, teachers or other adults.
The companies that received these warning letters violated the Federal Food, Drug, and Cosmetic Act by selling and/or distributing vapes in the United States that were not authorized by the FDA to legally market new products. In addition to the violations cited in the warning letters, retailers and manufacturers are warned to address any violations that are the same or similar to those noted in the warning letters and to take any necessary steps to comply with the law in a timely manner. Failure to promptly correct violations may result in additional FDA action, such as injunctions, seizures, and/or civil penalties.
“The FDA is steadfast in enforcing the law,” said John Verbeten, Director of the CTP Office of Compliance and Enforcement. “We will continue to take appropriate steps and work hand-in-hand with our federal law enforcement partners to address unauthorized tobacco products, especially those that most appeal to youth.”
This latest round of warning letters marks another step in the FDA’s continued efforts to remove unauthorized vape products, especially those that appeal to youth, from the marketplace. To date, the FDA has issued more than 700 warning letters to companies that manufacture, sell and/or distribute unauthorized new tobacco products, more than 690 warning letters to retailers that sell unauthorized tobacco products, and filed civil penalty complaints against more than 75 manufacturers and more than 150 retailers for distributing and/or selling unauthorized tobacco products.
As of October 30, 2024, the FDA has approved 34 vape products and devices. The agency maintains a printable one-page flyer that lists all authorized vape products, which retailers can consult to determine which products can be legally marketed and sold in the United States. Entities that manufacture, import, sell or distribute vapes without the necessary premarket authorization will face enforcement risks.
Against this backdrop, the Veehoo vape brand has been committed to balancing the needs of adults with avoiding undesirable appeals to teenagers. Each product package is printed with a prominent warning symbol designed to alert consumers to the health effects of vapes and avoid young people misunderstanding the nature of the product.
By marking obvious warning signs on product packaging, Veehoo demonstrates its concern for consumer health and public interest. This practice helps consumers better understand the potential risks of vapes while emphasizing the brand’s commitment to compliance and consumer safety.
In the context of stricter regulation of the vape industry, Veehoo will continue to take a responsible attitude to ensure product compliance and is committed to providing safe and high-quality vape products to support smokers’ healthy choices and efforts to quit smoking. This persistence helps build a safe and reliable vape market while protecting teenagers from adverse effects.
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