FDA: Cracking down on ELF Bar?

The FDA has started what they’re calling an “inspection blitz” as they send out more than 180 warning letters to retailers for illegally selling Elf Bar. The aim towards Elf Bar is from recent surveillance identifying that both are the most popular vape disposable brands in the U.S for youth.

This isn’t the first stint that the FDA has caused on Elf Bar, as they are red-listed at the ports and withheld their inventory. What will happen from here on out?

New Data

The ongoing surveillance from the FDA, the CDC also released their weekly Morbidity & Mortality Weekly Report with new data showing that Elf Bar is amongst the most popular for e-cigarette brands in the 4-week period ending December 25, 2022. Two studies were published in the weekly report and one of studies also aligned with recent findings from the International Tobacco Control Survey, “which found that as of August 2022 Elf Bar is the top disposable e-cigarette brand reported among persons ages 16-19 in the U.S.”

The onslaught of data coming from government agencies are making a very defining statement, "e-cigarettes are affecting youth and small children, so that actions with every single e-cigarettes are a process to help prevent these products from illegally entering the marketplace.”

There was even funding awarded for a new Center for Rapid Surveillance of Tobacco (CRST) because of how expansive the tobacco industry has become.

With only 23 tobacco-flavored e-cigarettes that the FDA has approved, all of it consisting of either Big Tobacco products, menthol e-cigarettes, and tobacco flavored e-cigarettes there’s truly nothing left for the adult consumer to enjoy. As the months past only further restrictions and plights are given to disposables that can be emphasized to be a smoking cessation.

FINAL THOUGHTS

It’s ironic that despite showing a surprising amount of vapes and revoking them from shelves because of their highly desired flavors to children, they’re not acting the same on alcohol.

 To quote the CDC’s own article on e-cigarette use, “Citing the appeal of flavored e-cigarettes to children, FDA announced during January 2020 that it would prioritize enforcement against prefilled e-cigarettes in flavors other than tobacco and menthol based on the prevalence of use of these products among youth at the time.”

Where is this enforcement on alcohol? Sweet fruit juices and dessert flavors in alcoholic beverages continue to appeal to youth,  but there’s nothing to be said about these products readily available on the shelves of stores across the nation. One popular brand that incorporates sweet flavors into their alcoholic beverages is Mike's Hard Lemonade. Their signature product is a mix of sweet lemonade and alcohol, creating a refreshing and tasty drink. Another example is SunnyD Vodka seltzer, which combines the childhood favorite orange juice, SunnyD, with vodka to create a fruity and nostalgic beverage.

As we observe the degrees that the US government regulation on vapes, there’s a disassociation that it is in fact a great tool to deter from smoking cigarettes. But with FDA cracking down, more restrictions seem to be attacking vapes and not to actual cigarettes. We will continue to monitor the news as it comes out. Comment below your thoughts on this situation down below.

References:

1. Retail Warning letters, ​​https://www.fda.gov/media/169692/download
2. Elfbar becomes EB Design, https://www.eliquidstop.com/blogs/vaping-news/why-did-elf-bar-switch-to-eb-design 
3. CDC Morbidity & Mortality Weekly Report, https://www.cdc.gov/mmwr/volumes/72/wr/mm7225a1.htm?s_cid=mm7225a1_w 
4. Center for Rapid Surveillance of Tobacco, https://www.fda.gov/tobacco-products/ctp-newsroom/fda-and-nih-award-funding-new-center-rapid-surveillance-tobacco 
5. 23 approved devices, https://www.fda.gov/tobacco-products/ctp-newsroom/fda-and-nih-award-funding-new-center-rapid-surveillance-tobacco 
6. How the UK views vapes compared to the US, https://www.eliquidstop.com/blogs/vaping-news/the-uk-set-to-hand-out-1-million-vapes-for-free