Schumer Announces FDA Is Now Warning Retailers To Stop Illegal Sale Of Youth-Targeting Elf Bar And Other Dangerous E-Cigarettes

New FDA Action Critical To Keeping Kids Safe From Dangerous E-Cig

WASHINGTON, DC – After standing with Upstate NY students to fight the dangerous new wave of e-cigs targeting teens and kids, U.S Senate Majority Leader Charles E. Schumer today announced that the U.S. Food and Drug Administration (FDA) is warning retailers for selling unauthorized tobacco products, specifically Elf Bar and Esco Bars products, which Schumer has long sounded the alarm on for deceptive youth targeting practices.

This follows FDA action spurred after Schumer’s calls earlier directing U.S. Customs and Border Protection (CBP) to reject imports of some popular, unauthorized, disposable e-cigarettes, including Elf Bar. Schumer said this latest warning by FDA is a major step to protect the public health of Upstate kids and teens, who are often targeted by companies, which offer cheap, colorful, and flavored disposable e-cigarettes that are highly addictive and dangerous.

“After standing with Upstate NY students to warn of these deceptive e-cigarette brands that have been targeting youth, the FDA continues to heed our call now demanding retailers stop the illegal sale of these dangerous products that harm and addict teens and kids,” said Senator Schumer. “Too many students already struggle with nicotine vaping addictions from e-cigarettes like Elf Bars. I am proud and pleased to see the feds continue to take action to keep these deceptive and dangerous products off the market, and will keep fighting to ensure the safety of our kids across New York.”

Schumer has a strong history of fighting the harmful e-cigarette companies that intentionally use marketing tactics that appeal to kids and teens. The FDA has now issued warning letters to 189 retailers for selling unauthorized tobacco products, specifically Elf Bar and Esco Bars products. Both brands are disposable e-cigarettes that come in flavors known to appeal to youth, including bubblegum and cotton candy. The warning letters were the result of a nationwide retailer inspection blitz over the past several weeks cracking down on the sale of these unauthorized e-cigarettes. A new CDC study completed earlier this year, showed thousands of e-cigarette exposure cases reported to U.S. poison centers in the past year, most of which were among kids younger than 5 years old., Elf Bar was cited more than all other brands combined.

This new action by the follows, Schumer visiting Fulton Junior High School to raise awareness about the harm that companies like Elf Bar are causing in Central New York classrooms and schools across Upstate. Schumer explained that Elf Bar is littering TikTok, Instagram and other social platforms with questionable advertising and promotion that is likely evading FDA rules.  While standing with students in Fulton school leaders explained that Elf Bars made up more than 60 of the 88 cases of vaping by children recorded this school year alone. Fulton schools have already confiscated more e-cigs in the first three months of 2023 than they did during the same time period a year ago, and teachers and administrators expect that trend to continue to grow.

Earlier this year, Schumer announced the FDA ordered CBP to detain unauthorized disposable e-cigarettes. Specifically, Schumer said the e-cigarettes sold under the brand names Elf Bar, Esco Bar and Eon Smoke do not have marketing authorizations and are therefore illegal. The FDA has now placed these products on the “Red List,” which means that CBP can detain shipments without inspecting them. The FDA’s alert identified more than 20 companies located in China, South Korea and the U.S. that the agency said have been illegally manufacturing or shipping unauthorized vapes.

A 2022 federal survey by the FDA and CDC found that of the 2.6 million youth who regularly use e-cigarettes, more than half of them use disposable products. In March, these three companies sold more than 215 million units across the U.S., accounting for 12 percent of the e-cigarette market – Elf Bar made up the majority of these sales.

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