FDA fines 22 retailers, says they illegally sold e-cigarettes
- FDA sent complaints to businesses saying they illegally sold e-cigs
- Agency's asking for the maximum penalty of $19,192 for a single violation
- FDA's Brian King: Retailers "chose inaction," will now face consequences
FILE – The U.S. Food and Drug Administration campus in Silver Spring, Md., is photographed on Oct. 14, 2015. (AP Photo/Andrew Harnik, File)
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(NewsNation) — The Food and Drug Administration announced Thursday it has issued complaints for civil money penalties against 22 retailers for allegedly selling Elf Bar/EB Design e-cigarettes illegally.
The FDA had already sent these businesses warning letters over the issue. When it made follow-up inspections at these places, FDA officials said these violations were not corrected, leading the agency to issue civil money penalties of $19,192 for a single violation to each business.
Although the FDA has sent out these penalties to companies before, this is the first time it’s fined them the maximum amount for this kind of violation.
“The FDA has been abundantly clear that we are committed to using the full scope of our authorities, as appropriate, to hold those who break the law accountable,” said Brian King, director of the FDA’s Center for Tobacco Products. “These retailers were duly warned of what could happen if they failed to correct their violations. They chose inaction and will now face the consequences.”
Retailers now have the choice to pay the fine, enter into a settlement agreement or file an answer to the complaint and request a hearing. They can also request a time extension to file that answer if needed. Those who don’t take action within 30 days risk a default order that they pay the full amount.
Another 168 warning letters were sent to retailers also allegedly illegally selling Elf Bar/EB Design products as part of a nationwide retailer inspection effort the FDA took part in last month. Those who receive these letters have 15 days to respond with corrective actions and to ensure compliance with the law.
There have been more than 400 of these kinds of warning letters sent to retailers for selling unauthorized tobacco products as of Sept. 19, 2023, according to the FDA, and more than 600 warning letters to firms manufacturing or distributing illegal tobacco products as well. In addition, the FDA has filed civil money complaints against 31 e-cigarette makers.
