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    FDA imposes heavy fines on 20 retail stores for selling Elf Bar Vapes!

    FDA imposes heavy fines on 20 retail stores for selling Elf Bar Vapes!

    FDA Cracks Down on Vape Retailers

    An FDA news release posted on November 2, 2023, in conjunction with the Centers For Disease Control and Prevention (CDC) highlighting data in the 2023 National Youth Tobacco Survey (NYTS), collected between March and June 2023, shows a surprising and positive trend.

    Overall, tobacco use among U.S. high school students declined between 2022 and 2023, dropping from 16.5% of students using tobacco products to 12.6%. According to the FDA, this decline is primarily attributable to reduced vaping or e-cigarette products, which dropped from 14.1% of high school students to 10% in 2023. This adds up to 580,000 fewer high school students reporting using vapes or e-cigarettes since last year.

    Unfortunately, the same did not hold for middle schoolers. According to the survey, there were slight increases in both overall tobacco product use and multiple tobacco product use among the age group.

    Director of the FDA’s Center for Tobacco Products, Dr. Brian King, Ph.D., stated, “It’s encouraging to see this substantial decline in e-cigarette use among high schoolers within the past year, which is a win for public health. But we can’t rest on our laurels. There’s more work to be done to build on this progress.”

    Vaping still tops the list.

    Even with the decrease in the overall number of high schoolers who are vaping, e-cigarettes remain the most popular type of “tobacco product” among both high school and middle school students. This has been the case for ten consecutive years, with about one-fourth of high school vape users reporting that they use a vape or e-cigarette every day. Of this list, disposable vapes are the most popular choice among young people, most likely for their ease of use and lower overall cost, with the most popular brand being Elf Bar (now EBCREATE), accounting for more than 50% of younger e-cigarette users. Other popular brands include Vuse, Juul, and Mr. Fog.

    Among youth who reported using vapes, nearly all preferred flavored products, with 89.4% opting for fruity, candy, mint, or menthol-type flavors. In fact, for the first time, this year’s National Youth Tobacco Survey asked specifically about flavors with the words ice. It iced in their names, as well as flavor concepts that imply a sweeter flavor but do not indicate any specific flavor. Names such as Beach Day and Tropical Rainbow Blast would be such examples.

    The FDA launches a new wave of enforcement.

    The FDA’s crackdowns on manufacturers, distributors, importers, and retailers selling disposable vapes and e-cigarettes that appeal to young people is nothing new. Just a few months ago, in September, the agency filed 22 CMP (civil money penalty) actions against groups selling vapes geared toward the youth market.

    As of November 2nd, another round of enforcement actions is going after smoke and vape shops in various cities and states, including Miami, New Orleans, Colorado, and North Carolina. The agency is targeting them for selling Elf Bar products, the most popular vape brand among youth users, in 2023, according to the recent NYTS figures. Before the CMP actions, the agency had issued a warning letter to each of these retailers, advising them about potential consequences should they continue to sell unauthorized tobacco and vaping products. Oddly enough, the retailers ignored the letter and now face these recent actions.

    “The FDA remains concerned about youth tobacco product use, and we cannot and will not let our guard down on this issue,” King continued. “The agency has an array of enforcement tools at our disposal, and we’re committed to using them as appropriate. We will not stand by as bad actors place profit over the health of our nation’s youth.”

    Over the past year, the FDA has issued more than 135 warning letters to manufacturers and distributors of unauthorized vaping products. Additionally, the FDA continues to conduct nationwide retailer inspections and has detained unauthorized e-cigarettes waiting to enter the United States marketplace. The agency has also filed CMP actions against the makers of unauthorized e-cigarettes for the most significant amounts sought to date. It has filed the first injunctions against manufacturers of unauthorized vaping products.

    Vaping and youth

    According to government figures, disposable vapes account for more than half of all vape products sold in the United States. These products clearly should be reserved for consenting adults, and the fact that the new NYTS figures show vaping among high school students appears like it might be trending downward is positive news.

    We hope this post is helpful to you. At Online Warehouse, we are proud to be a wholesale distributor of disposable vapes and hemp-based products to reputable vape and smoke shop owners across the United States. We are also committed to frank dialogue regarding disposable vapes and hemp-based products, as staying informed is how customers, manufacturers, shops, and distributors like us will continue to collectively move the industry in the right direction.

    Stay tuned for more posts coming soon.


    Online Warehouse is a wholesale vape distributor offering a complete selection of disposable vapes, delta 8 vapes and edibles, THC vapes, rolling papers, pre-roll cones, and smoke and vape shop accessories. Enjoy excellent service, guaranteed quality, and wholesale prices with every smoke or vape shop order. To explore our entire selection, visit onlinewarehouse.com.

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