Enforcement Against Retailers, Distributors, and Manufacturers Must Stronger to Protect Children 

June 22, 2023

Alexandria, VA – Consumer Action for a Strong Economy (CASE) released the following statement today after the U.S. Food and Drug Administration (FDA) issued another round of warning letters to 189 retailers selling illegal Elf Bar and Esco Bars products. This marks the latest in a series of recent enforcement actions targeting illegal, disposable vapes that are manufactured in China and often marketed in youth-enticing flavors.

“While we acknowledge the FDA’s latest action as another step in the right direction, less than 200 warning letters is a drop in the bucket compared to the magnitude of the threat posed by illegal, disposable, foreign-made vapes that are marketed in flavors intended to get kids hooked.  Today’s FDA announcement cites two new reports showing that Elf Bar is not only the most popular disposable e-cigarette sold in the U.S., it is also ending up in the hands of children younger than five years old and resulting in calls to the poison control center. The FDA never should have let millions of illegal, disposable vapes flood into our country and it must do a better job of addressing this critical issue. To protect our kids, it is imperative for the FDA to take swift action against any and all manufacturers, distributors and retailers who are still selling these illegal, disposable vapes. With kids’ lives at stake, we need to see real leadership and resolve from the agency charged with protecting the health and well-being of Americans.”