Senator Schumer Announces FDA Decision to Reject Imports of Unauthorized Disposable E-cigarettes

Today, on May 24, news from foreign media reports that U.S. Senate Majority Leader Charles Schumer announced on Tuesday that last week, the U.S. Food and Drug Administration (FDA) notified U.S. Customs and Border Protection to reject imports of some popular unauthorized disposable e-cigarettes, including Elf Bar and Esco Bar.

Schumer stated that the FDA's directive is an important step in protecting the public health of children and adolescents in the North, who are often targeted by companies offering cheap, colorful, and flavored disposable e-cigarettes that are highly addictive and dangerous.

"This week, the FDA announced a ban on the import of these harmful and addictive disposable e-cigarettes, marking an important step in protecting our children and adolescents," Senator Schumer said. "Too many students are already struggling with nicotine addiction from e-cigarettes like Elf Bars, which is why I stand with students in Northern New York to say enough is enough and urge the FDA to investigate these deceptive companies and ban their harmful products from the market. We have a responsibility to protect our children and adolescents from these highly addictive and health-damaging e-cigarettes. I am proud and pleased to see the FDA heed my call to keep these deceptive and dangerous products out of our market and will continue to work to ensure the safety of our children in New York."

Before announcing this news, Schumer visited Fulton Middle School to raise awareness of the harm caused by companies like Elf Bar to classrooms in Central New York and upstate schools.

He explained that Elf Bar spreads suspicious advertisements and promotions on TikTok, Instagram, and other social platforms, likely evading FDA regulations.

Standing with students from Fulton, school leaders explained that Elf Bars accounted for over 60 of the 88 recorded cases of youth e-cigarette use this school year.

Fulton schools have confiscated more e-cigarettes in the first three months of 2023 than in the same period last year, and teachers and administrators expect this trend to continue.

The FDA has now placed these products on a red list, meaning that CBP can seize shipments without inspection. The FDA's alert identified over 20 companies located in China, South Korea, and the U.S. that the agency claims have been illegally manufacturing or transporting unauthorized e-cigarettes.

A federal survey conducted by the FDA and CDC in 2022 found that among the 2.6 million youth who regularly use e-cigarettes, more than half use disposable products. In March, these three companies sold over 215 million units in the U.S., accounting for 12% of the e-cigarette market—with Elf Bar accounting for a significant portion of those sales.