The Food and Drug Administration (FDA), in collaboration with the U.S. Department of Justice (DOJ), seized 45,000 units of unauthorized e-cigarette products, estimated to be valued at around $703,000, from a warehouse in Alhambra, California, believed to be owned by several California-based distributors.
Tuesday’s action represents the first time the FDA and DOJ have seized tobacco products in coordination with the U.S. Marshals Service, the agency said.
Products included Elf Bar/EB Design, which is the most used brand among youth e-cigarette users, according to the 2023 National Youth Tobacco Survey. Other seized brands included Puff Bar/Puff, Esco Bar, Kuz, Smok and Pixi.
“FDA has been unequivocally clear that we are committed to using the full scope of our enforcement tools—including seizures—to hold those who peddle unauthorized e-cigarettes accountable,”said Brian King, director of the FDA’s Center for Tobacco Products.“The writing is on the wall for those in the tobacco product supply chain who fail to heed the law.”
The seizure initially targeted products being held and sold by MDM Group, a distributor doing business as Eliquidstop.com, the agency said.
In May of 2023, the FDA issued a warning letter to MDM Group, for offering unauthorized, flavored e-cigarette products for sale or distribution. After a follow-up inspection in January of the firm, the FDA determined that it continued to commercially market its illegal products.
While conducting the seizure at MDM’s facility, the agencies were informed that several firms may have an ownership interest in the unauthorized e-cigarettes seized, the agency said.
The FDA has the authority to initiate seizures of unauthorized tobacco products held by manufacturers, importers, distributors, and retailers, and the FDA continues to act against those in the supply chain who violate the law, the FDA said.
As part of an ongoing collaboration among federal partners to address unauthorized e-cigarettes in the United States, the United States Attorney’s Office in Los Angeles on April 5 filed a civil forfeiture complaint on behalf of FDA in the U.S. District Court for the Central District of California alleging that the seized products violate Federal law.
“Removing unauthorized tobacco products from the supply chain is one of many enforcement tools we can use,” said Jill Atencio, acting director of the Office of Compliance and Enforcement in the FDA’s Center for Tobacco Products. “FDA will continue to take appropriate action across the entire supply chain against unauthorized tobacco products and against those manufacturing, distributing, importing, or selling unauthorized e-cigarette products – especially those most appealing to youth.”
The FDA has granted 23 tobacco-flavored e-cigarette products and devices for sale through the premarket tobacco product application (PMTA) process found on the FDA's Tobacco Products Database. To date, the agency also issued approximately 670 warning letters to companies for manufacturing, selling and/or distributing new tobacco products that lacked marketing authorization from the FDA.
The agency has also filed civil money penalty complaints against more than 50 e-cigarette manufacturers and more than 100 retailers for manufacture and/or sale of unauthorized new tobacco products, as well as complaints for permanent injunction against seven e-cigarette manufacturers.
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