FDA Warns Retailers Selling Illegal Tobacco Products That Look Like Everyday Products

Agency takes action to combat unauthorized tobacco products resembling candy, breath strips, and cough drops

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For Immediate Release:

May 20, 2026

The U.S. Food and Drug Administration announced today that it issued warning letters to eight retailers for selling unauthorized tobacco products, including nicotine pouches and dissolvable tobacco products. The warning letters involve unauthorized tobacco products that have labeling, advertising, and/or design features that cause the products to imitate candy, breath strips, and cough drops. Products that look like everyday items pose dual concerns: They can accidentally be ingested by young children and may appeal to children looking to disguise the nature of the products from parents, teachers, or other adults.  

“No tobacco product should look like candy—it’s a blatant ploy to target children and mask the true nature of these products,” said Bret Koplow, Ph.D., J.D., acting director of the FDA’s Center for Tobacco Products. “FDA and its partners are committed to implementing an aggressive enforcement strategy to stop illegal products like these from ending up on shelves or in the hands of kids.”  

Example images of the unauthorized products cited in the warning letters compared to other consumer goods on the market include:  

The retailers receiving warning letters sold customers these tobacco products, which lack authorization from FDA, and are in violation of the Federal Food, Drug, and Cosmetic Act. In addition to the violations mentioned in the warning letters, the retailers were directed to address any other violations that are the same as, or similar to, those stated in the warning letter and promptly take any necessary actions to comply with the law. Failure to promptly correct the violations can result in additional FDA actions such as an injunction, seizure, and/or civil money penalty.  

These actions follow the release of guidance on the agency’s enforcement priorities for electronic nicotine delivery systems (ENDS) and nicotine pouch products that do not have premarket authorization. Unauthorized products undermine the regulatory framework and may put consumers at risk from toxic chemicals and other components of products that have not undergone scientific review.    

These warning letters are part of FDA’s efforts to remove unauthorized tobacco products from the market, particularly those that appeal to children. To date, FDA has issued more than 800 warning letters to firms for manufacturing, selling, and/or distributing unauthorized new tobacco products and issued more than 1,000 warning letters to retailers for the sale of unauthorized tobacco products.    

The agency maintains an updated list of tobacco products that retailers can consult to determine which products may be lawfully marketed and sold in the United States. Retailers can also order free educational materials, including a wall calendar, posters, stickers and flyers, that support their voluntary compliance with the law.  

Additional Resources:  

• FDA Issues Guidance on Enforcement Priorities for Unauthorized ENDS and Nicotine Pouch Products

• Searchable Tobacco Products Database 

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