FDA Fines Four Companies for Selling Unapproved Vapes: Ensuring Consumer Safety

The Food and Drug Administration (FDA) has taken a significant step towards ensuring the safety of consumers who use vapes. For the first time ever, the agency has issued fines to four businesses that have failed to comply with its directives to cease selling unapproved vape products. This move is the latest in a series of measures aimed at cracking down on the sale of illegal vape products.

The FDA’s Tobacco Center

The FDA’s tobacco center has come under scrutiny in recent months for allegedly turning a blind eye while tobacco and vape companies continue to flout its regulations. In a statement, Brian King, the director of the FDA’s Center for Tobacco Products, reiterated the agency’s commitment to holding manufacturers accountable for making or selling illegal tobacco products. He stated that the FDA is prepared to use the full extent of its legal powers to enforce the law and penalize those who disregard its warnings.

The Fined Companies

Two of the companies fined by the FDA, VapEscape and Great American Vapes, were highlighted in an October STAT investigation into vape companies that ignore the agency’s orders. The project discovered that over half of the 120 companies previously warned by the FDA about selling illegal vape products were still selling their wares. The FDA had not used its legal powers to fine these companies for flouting its rules.

The fines levied by the FDA were targeted at small markets such as Norman, Oklahoma. They do not target larger producers such as the Chinese disposable vape companies that are illegally flooding the U.S. market.

Critics of the FDA

Critics have chastised the FDA’s piecemeal and slow enforcement in this area. It took the agency over a year since issuing its first warning to VapEscape, Great American Vapes, and 13 Vapor to fine them.

A week before the announcement, Sen. Dick Durbin (D-Ill.), a vocal critic of the FDA’s enforcement around vapes, sent a letter to Commissioner Robert Califf blasting him for a “lack of urgency” that “is creating serious public health harm.” Durbin’s letter also requested that Califf visit a shop selling these products in Washington, D.C.

“This boneheaded approach by FDA combines failed drug war tactics with appalling indifference to prevailing science that vaping is vastly safer than cigarettes,” the American Vapor Manufacturers (AVM), which represents vape shops, wrote in a statement. AVM described the FDA’s action as “crushing tiny domestic manufacturers.”

The Fines

It is unclear how much each company will have to pay or if they will have to pay a fine at all. The companies can pay the settlement, enter into a settlement agreement, or request a hearing to challenge the fine. The maximum fine per infraction is $19,192.

Will the Fines Make a Difference? It is not clear if the fines will persuade the larger vape industry to follow the FDA’s rules. However, this step taken by the agency is crucial in ensuring consumer safety and regulating the sale of vape products.

##FAQs

  • What prompted the FDA to issue the fines? The FDA issued fines to four companies that ignored its directives to stop selling unapproved vape products.

  • Which companies were fined by the FDA? VapEscape and Great American Vapes were two of the companies fined by the FDA.

  • Why has the FDA’s tobacco center come under scrutiny in recent months? The tobacco center has been criticized for allegedly standing by while tobacco and vape companies ignore its rules.

  • How long did it take the FDA to fine the companies? The FDA took over a year since issuing its first warning to VapEscape, Great American Vapes, and 13 Vapor to fine them.

  • Will the fines make a difference? It is uncertain if the fines will persuade the larger vape industry to follow the FDA’s rules. However, this is a significant step towards ensuring consumer safety and regulating the sale of vape products.