The U.S. Food and Drug Administration (FDA) has taken action against retailers selling fruit- and candy-flavored disposable e-cigarettes, including the popular brand Elf Bar. This move is part of the FDA’s efforts to crack down on the illegal disposable vape market that has flooded U.S. stores in recent years. The FDA recently authorized customs officials to seize shipments of Elf Bar, Esco Bar, and two other brands at U.S. ports, as none of these products have received FDA authorization and come in flavors that may attract teenagers, such as cotton candy.
The FDA has issued warning letters to 189 convenience stores, vape shops, and other retailers, reiterating that they will not tolerate the sale of illegal products that are addicting young people. Brian King, the FDA’s tobacco center director, stated that this action is part of the agency’s ongoing efforts to address flavored disposable products. The FDA has been attempting to regulate the vaping industry for years, but unauthorized e-cigarettes continue to enter the market.
Data released by the Centers for Disease Control and Prevention (CDC) shows that the number of e-cigarette brands in the U.S. has increased from 184 in early 2020 to 269 by late 2022. This rise in brands corresponds with the growing popularity of disposable e-cigarettes, with their share of vaping sales more than doubling from 24.7% to nearly 52% during the same period.
Elf Bar is the best-selling disposable e-cigarette in the U.S. and the third-best selling overall. Only the reusable e-cigarettes Vuse and Juul have higher sales. The FDA and CDC also reported that Elf Bar has been mentioned frequently in thousands of calls to U.S. poison centers, particularly those involving young children. Liquid nicotine, when ingested accidentally, can lead to seizures, convulsions, vomiting, and brain injury.
Although there is missing data on the reported incidents, FDA’s King considers the high number of reports involving Elf Bar to be a warning sign. Elf Bar, manufactured by Chinese company iMiracle Shenzhen, is part of a trend of copycat e-cigarettes that have emerged after regulators cracked down on older vaping products like Juul. In early 2020, the FDA restricted flavors in cartridge-based reusable e-cigarettes to menthol and tobacco to appeal more to adults. However, this restriction did not apply to disposable e-cigarettes, which are discarded after use. Puff Bar, another disposable e-cigarette brand, took advantage of this loophole and saw enormous sales until Congress closed it last year.
Under the law, companies were required to remove their vapes from the market and submit FDA applications. However, new products continue to be launched despite this regulation. The FDA is taking action to halt the expansion of the illegal disposable vape market and protect public health.
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Rohit Malhotra is a medical expert and health journalist who offers evidence-based advice on fitness, nutrition, and mental well-being. His articles aim to help readers lead healthier lives.
