One of the main Food and Drug Administration (FDA) enforcement priorities for 2023 was to remove unauthorised tobacco products from the market, specifically e-cigarettes, which received many more warning letters than any other tobacco product. Since 2020, the agency has prioritised enforcement against unauthorised e-cigarettes, as stipulated in the FDA guidance for industry. This has not changed in 2023, with the agency issuing the most warning letters to the manufacturers, retailers and distributors of disposable flavoured e-cigarettes.
This report examines FDA enforcement measures taken in relation to unauthorised tobacco products, and analyses the warning letters sent out throughout 2023.