FDA Warns E-Cigarettes That Look Like Smartphones, Gaming Devices Are Illegal To Sell

Some e-cigarette manufacturers and retailers are selling illegal vaping products that are designed to look like Gameboys, smartphones and other electronic devices, which appeal to teens and make the e-cigarettes easier to hide from parents and teachers, according to federal regulators.

The U.S. Food and Drug Administration (FDA) issued a press release on October 30, announcing that it has sent warning letters to nine different retailers and one manufacturer, indicating that their vaping products are illegal and a “flagrant attempt to target kids.”

The disposable e-cigarette products resemble products with “smart technology,” such as cell phones or gaming devices. However, the FDA indicates that these e-cigarettes are not approved for sale in the U.S., since they may encourage teens to vape and at higher rates.

Teen Vaping Concerns

The FDA has been working to address the rising rates of teen vaping in recent years, which has involved a crack down on the way the products are marketed, to avoid designs or fruity flavors that are intended to make vaping more appealing to non-smokers.

Prior research has linked candy-like and fruity vaping flavors to higher rates of vaping in teens, which eventually leads to a higher risk of smoking tobacco cigarettes. To increase their user base, some companies have also designed their products to make them easy-to-conceal.

A study published earlier this year indicates teens who vape disposable e-cigarettes are more likely to vape more frequently and become addicted to nicotine.

JUUL Products Led to Teen Vaping Crisis

For years, the vaping product that was most popular among teens were JUUL devices, which look like USB drives that could easily be hidden from detection by underage users.

After the manufacturer aggressively marketed a variety of fruity and sweet JUUL flavors through social media influencers, the e-cigarette quickly became the most widely used among teens through the U.S., and have been blamed for fueling the teen vaping crisis, creating a new generation of Americans addicted to nicotine.

The FDA issued a JUUL marketing denial order (MDO) in June 2022, affecting all JUUL Labs products marketed in the U.S. after determining the manufacturer failed to provide sufficient evidence indicating that they could be marketed safely. The decision was stayed one month later, after the agency agreed to review certain scientific issues, and the vaping devices have stayed on the market awaiting further decisions.

However, the FDA issued an update on its review of JUUL product applications on June 6, rescinding the MDO.

Thousands of families and young adults, as well as communities and states, have filed individual and class action JUUL lawsuits, alleging that the company’s actions left teens with a life-long nicotine addiction. Claims have also been brought by local school districts, which have been left with increased costs dealing with teen vaping problems in the United States.

JUUL reached a string of agreements to settle the litigation over the last couple years, including a $1.7 billion settlement to resolve thousands of individual injury lawsuits in January 2023, a $438.5 billion settlement to resolve claims filed by 40 different states, and a separate $462 million agreement to resolve claims by six other states and the District of Columbia.

Since then, other products have muscled into JUUL’s marketing position, including Elf Bars, raising new concerns that the products are intentionally designed to target teens.

New E-Cigarettes Look Like iPhones, Gameboys and Other Devices

This latest warning issued by the FDA was targeted at retailers and manufacturers that are selling unauthorized e-cigarette devices, which contain designs and functionalities that look like smart technology, including iPhones, Gameboys and music devices.

The disposable e-cigarettes have features that allow users to play games, connect the device to a smartphone–similar to how smart watches work–receive texts and calls, play music, and have custom digital wallpaper.

These features are highly appealing to teens, the agency warns. In addition, the designs help keep the vapes hidden from parents, teachers and adults since they look like other smart devices.

“These products may resemble smart devices, but there’s nothing smart about them,” said Dr. Brian King, director of FDA’s Center for Tobacco Products. “They’re illegal to sell and a flagrant attempt to target kids.”

The companies that received the FDA warning letters were selling the vaping devices in the U.S. illegally, agency officials indicate. The products have not been approved or authorized by the FDA to be sold in the U.S., which is a violation of the Federal Food, Drug, and Cosmetic Act.

Only 34 e-cigarette products and devices are authorized by the FDA to be sold on the U.S. market.

Failure to correct the violations outlined in the FDA warning letters could lead to additional regulatory actions, such as an injunction, seizure and/or civil money penalty, according to the agency.

The warning letters are part of the FDA’s ongoing effort to remove unauthorized e-cigarette products from the market.

To date, the FDA has issued more than 700 warning letters to companies for manufacturing, selling, or distributing unauthorized new tobacco products, including many illegal vaping products.