WARNING: This product contains nicotine.
Nicotine is an addictive chemical.

FDA Issues Warnings to Esco Bars, Breeze Smoke

New move parallels separate action to enlist Customs and Border Patrol to help with enforcement

WASHINGTON, D.C. – The U.S. Food and Drug Administration (FDA) issued warning letters on Esco Bars and another popular vaping brand, Breeze Smoke. On May 25, 2023, the FDA sent the letters to Shenzen Innokin Technology Co. Ltd. who make Esco Bars products and Breeze Smoke, LLC, who import and distribute Breeze products. These firms have been manufacturing, distributing, and/or importing unauthorized tobacco products in the United States, according to the FDA.

Earlier in the month, the FDA announced additional steps to enforce its regulatory authority, using the U.S. Customs and Border Protection agency to stop entry of electronic nicotine delivery systems (ENDS) devices that the agency said are not compliant with its regulations. Among the brands facing such action are Elf Bar and Esco Bars.

For the border patrol notice, in the case of Elf Bar and Esco Bars, the FDA said those products are “misbranded” because they do not have a marketing order and its manufacturer failed to provide the FDA with required product information.

The FDA also served similar import-detention orders to several U.S. distributors for failing to pay user fees.

The action the FDA took is known as “detention without physical examination” and places the products on what the agency calls a “Red List.” Customs officials at the border can keep these products from entering the United States until the responsible parties produce the necessary records, documentation, or payment to satisfy the FDA.

Calling the devices “new tobacco products,” the FDA said these products “do not have the required FDA marketing authorization [and] are adulterated under section 902(6)(A) of the Food, Drug & Cosmetics Act.”

For a full list of recent FDA detention-order actions, click here.

Scroll to Top

ACH Authorization and Agreement (“Authorization”)

I represent and warrant that I am the authorized owner, or an authorized agent of the authorized owner, on the checking or savings account provided by me to Kaival Brands Innovations Group, Inc. (“Kaival”) through www.bidivapor.com or its affiliate web pages (the “Site”). By clicking the “Accept” button below, I hereby authorize Kaival to withdraw the purchase price(s) specified in the applicable order confirmation(s) issued and duly executed by Kaival (“Confirmation(s)”), on the payment date(s) specified in the applicable Confirmation(s), by electronic funds transfer from the checking or savings account provided by me to the Site (the “Authorized Account”), in order to make the Requisite Payments to Kaival in exchange for products sold by or through the Site.

“Requisite Payments” means the amounts I am required to pay under the applicable sales agreement by and between myself (or my associated entity) and Kaival (the “Sales Agreement”) and the associated Confirmation(s), including any additional charges I owe, such as delivery, tax, or late fees. If the applicable due date falls on a weekend or holiday, my payment will be processed on the next business day.

I agree that this Authorization shall remain in effect, and Kaival may retain my Authorized Account information, until I am notified by Kaival that they are terminating my Requisite Payments, or until three (3) business days following the date on which I notify Kaival, in writing, that I wish to revoke this Authorization. I acknowledge and agree that revocation of my authorization does not cause a revocation or alteration of the applicable Sales Agreement or Confirmation.

I understand that Kaival may restrict or terminate payment under this Authorization, in the event that I am in default of the applicable Sales Agreement, and/or if there are insufficient funds in my checking or savings account, among other reasons.

I acknowledge that I have received a copy of this Authorization.

In the event an error is made in any ACH transfer, I hereby authorize Kaival to make any necessary transfers, to or from my Authorized Account, in order to correct the error.

I acknowledge and agree that electronic funds transfers will be made to the financial institution and account number supplied by me through the Site, and I acknowledge and agree that any errors in the provision of such information to the Site shall be solely my responsibility. I agree to indemnify, defend, and hold harmless Kaival in connection with any damages arising from such errors.

I acknowledge and agree that Kaival shall not be responsible for any aspect of the payment transaction following the point when my designated financial institution receives or has control of the payment transaction. Any loss or damage resulting from the loss of data or funds following my designated financial institution’s receipt of payment (or control of payment) shall be solely my responsibility, or the responsibility of my designated financial institution.

I acknowledge that Kaival shall be responsible for employing commercially reasonable means to safeguard my data, but shall not be responsible for any virus, data breach, theft, glitch, error, force majeure, or related event affecting my Authorized Account information, so long as such commercially reasonable means are employed.

This Authorization shall be governed by the Sales Agreement then in effect between me (or my affiliated entity) and Kaival. In the absence of an effective Sales Agreement, this Authorization shall be governed by the terms and conditions of sale set forth on the Site at the time of my signature below.


Oops! You need to be logged in to use this form.
Skip to content