How Extreme Are Illegal E-cigarettes? Made to Look Like Toys, Stationery, and Even Starbucks Cups...

On August 23, 2023, the U.S. Food and Drug Administration (FDA) issued warning letters to 15 online retailers, cautioning them against selling and distributing unauthorized electronic cigarette products, which are packaged to resemble cartoon toys, stationery, and beverages that appeal to young people.

The FDA stated that the deceptive appearance of these illegal products necessitates that parents, teachers, and other adults entering the new school year raise awareness of such misleading products to prevent their popularity among students.

Dr. Brian King, director of the FDA's Center for Tobacco Products and public health expert, stated: "The design of these products is shameless and shocking, attempting to target children. There is absolutely no need to make e-cigarettes look like SpongeBob to successfully help adults quit smoking."

According to the description in the warning letter, the unauthorized e-cigarettes targeted by the FDA include:

1. Featuring characters from TV shows, movies, and video games that appeal to young people, including "SpongeBob," "Care Bears," and "Mario";

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2. Designed to resemble stationery that appeals to young people, such as highlighters, as well as toys like Nintendo game consoles and digital cameras;

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3. Mimicking beverages that appeal to young people, such as Starbucks coffee, Dunkin' Donuts coffee cups, sodas, and water bottles.

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The retailers receiving the warning letters are selling and distributing these unauthorized e-cigarettes in the U.S., and FDA authorization is a necessary condition for the legal sale of new tobacco products, as stipulated by the Federal Food, Drug, and Cosmetic Act (FD&C Act).

In addition to the specific products mentioned in the warning letters, retailers were also warned to address other violations similar to those described in the warning letters and to take immediate action. The 15 retailers have 15 business days to respond, take corrective actions, and prevent future violations. Failure to timely correct violations may result in additional actions by the FDA, such as injunctions, seizures, and/or civil fines.

"The FDA Tobacco Center will continue to closely monitor all participants in the supply chain (including retailers) for compliance with federal law," said Ann Simoneau, director of the FDA's Office of Compliance and Enforcement for Tobacco Products. "We will hold accountable anyone selling unauthorized tobacco products whose labeling, advertising, and/or design are intended to encourage youth use in our country."

As of August 2023, the FDA has issued approximately 600 warning letters to companies manufacturing and/or distributing illegal tobacco products, including e-cigarettes, filed civil penalty complaints against 26 e-cigarette manufacturers, and collaborated with the Department of Justice to seek injunctions against six e-cigarette manufacturers.

The FDA recently launched an online center for e-cigarette prevention and education resources, providing teachers with free science-based curriculum plans and materials, including how to identify hidden and disposable e-cigarettes and helping students understand the dangers of use and nicotine addiction. In addition to content designed for teachers, there are also materials designed for parents and teenagers.