US FDA: Warns Six E-commerce Companies to Sell Unauthorized Products such as Bad Drip, HQD, and Funky Republic

US FDA: Warns Six E-commerce Companies to Sell Unauthorized Products such as Bad Drip, HQD, and Funky Republic

The US Food and Drug Administration (FDA) has issued warning letters to six online retailers for selling unauthorized Bad Drip branded e-cigarette oil products that mimic the appearance of prescription drug bottles, as well as Funky Republic and HQD branded flavored disposable e-cigarettes, in violation of the Federal Food, Drug, and Cosmetic Act.

According to the official website of the US Food and Drug Administration (FDA) on June 13th, the FDA issued warning letters to six online retailers for selling unauthorized Bad Drip branded e-cigarette products that mimic the appearance of prescription drug bottles. These retailers have also been warned for selling unauthorized flavored disposable e-cigarettes, including products from Funky Republic and HQD brands.

Dr. Brian King, Director of the FDA Tobacco Products Center, stated that,

"It's hard to believe that some people think packaging tobacco products in prescription drug bottles is a good idea. Such baseless and clearly dangerous packaging should not exist, and the FDA is committed to taking action to combat the illegal sales of these products."

In addition to selling e-cigarette e-liquids that mimic prescription bottles, these retailers have also been warned for selling unauthorized, disposable e-cigarettes that attract young people, including flavors such as apples, watermelons, and mint. According to the 2023 National Tobacco Use Survey of Middle and High School Students, 89.4% of students who use e-cigarettes reported using flavoring products, and 60.7% reported using disposable products. The FDA stated that it will continue to take compliance and enforcement actions based on the results of its continuous monitoring of multiple monitoring systems used to discover products that are popular or attractive to teenagers.

Retailers who receive warning letters selling or distributing e-cigarette products in the United States are not authorized by the FDA to legally sell new tobacco products in the market, which violates the Federal Food, Drug, and Cosmetic Act. Retailers who receive warning letters are given 15 working days to respond on how they will correct any violations and prevent future violations. If violations cannot be corrected in a timely manner, the FDA may take enforcement actions such as injunctions, seizures, or civil fines.

So far, the FDA has issued over 550 warning letters and issued over 100 civil penalty complaints to retailers for selling unauthorized e-cigarettes. The FDA also collaborated with the US Department of Justice (DOJ) to seek injunctions against seven unauthorized e-cigarette manufacturers and, together with DOJ, seized unauthorized e-cigarette products worth over $700000.

As of now, the FDA has authorized 23 tobacco flavored e-cigarette products and devices. These are currently the only electronic cigarette products that can be legally sold and marketed in the United States.

The list of six online retailers who received FDA warning letters is as follows: