FDA Follow-Up Inspections Lead to Fines for 10 Vape Stores

The FDA has announced that it is seeking Civil Money Penalties (CMPs) from nine brick-and-mortar retailers and one online store for continuing to sell Elf Bar and EB Design products, the most vilified of all the currently unauthorized disposable vapes thanks to their popularity among the young people of America.

The fines are being issued after the 10 retailers, all of which were sent warning letters in the past several weeks, failed follow-up inspections. The stores found to be still selling products such as Elfbar Red Mojito and EB Design Pineapple Coconut Ice include smoke shops, e-liquid stores, mini-marts, and gas stations:

• Quick Stop Perkasie LLC dba Quick Stop (Brick and Mortar)
• Calle 8 Petroleum LLC dba UGAS / Circle K (Brick and Mortar)
• Popular smoke & vape 5 INC dba Popular Smoke & Vape (Brick and Mortar)
• Penn Jersey Food Mart, Inc. dba Penn Jersey (Brick and Mortar)
• Gujjar 1, LLC dba Coastal Mini Mart (Brick and Mortar)
• Family Tobacco Inc. dba The Hook Up Smoke Shop (Brick and Mortar)
• Jim’s Smoke Shop at 7 LLC dba Jim’s Smoke Shop on 7th (Brick and Mortar)
• I. N. T. R. A. Inc. dba Gulf (Brick and Mortar)
• Village Market & Spirits LLC dba Village Market (Brick and Mortar)
• E-Juice Vapor, Inc dba E-Juice Vapor (Online)

The full list of unauthorized disposables being sold includes: 

• EB Design Cranberry Punch 
• EB Design Strawberry Watermelon
• EB Design Strawberry Ice
• Elfbar Red Mojito
• Elfbar Gumi
• Elfbar Summertime 
• Elfbar Pineapple Coconut Ice
• EB Create Snoow Ice
• EB Design Pineapple Coconut Ice
• Elfbar Pineapple Mango Orange  
• Elfbar BC5000 Cranberry Grape

All the rule-breaking stores are now liable to pay the maximum amount the FDA is legally allowed to seek for such transgressions. That’s $20,678 per retailer unless they enter into a settlement agreement, request an extension to respond, or request a hearing. Retailers that do not take action within 30 days after receiving a complaint risk a default order imposing the maximum penalty amount.

May was a relatively slow month for the FDA in terms of enforcement action on retailers selling unauthorized vapes. This latest batch of fines brings the monthly total to just 24 actions (fines, warning letters, seizures, etc.) That could mean that the agency’s message that selling non-compliant vapes will cost stores a lot of money is finally getting through.

It could also mean that the sale of disposable vapes has been handed entirely to the black market and now occurs in places the FDA will find much more difficult to regulate with warning letters and fines.