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Scan Data Key to Removing Unlawful ENDS Products, Vape Exec Says

Bidi Vapor official explained how to identify companies evading rules at FDLI conference

WASHINGTON, D.C. – At a time when unlawful vaping products are flooding the U.S. market, one independent manufacturer said the key to enforcement is scan data. Speaking at a conference of administrators, attorneys, and businesspeople on tobacco regulation, Russell Quick, president of Kaival Marketing Services, said regulatory agencies can use the same data in a recently published ranking of top-selling disposable vape devices as a “roadmap” to identifying companies currently breaking the rules.

Quick, whose company markets the BIDI® Stick brand of electronic nicotine delivery system (ENDS), spoke at a tobacco regulation conference sponsored by the Food and Drug Law Institute (FDLI) in Washington, D.C., on Thursday, October 26, 2023. He told attendees that a new ranking from New York-based Nielsen shows 10 of the 11 top-selling disposable ENDS were not compliant with the U.S. Food and Drug Administration’s (FDA’s) regulatory processes. Six brands were named in a lawsuit filed in October by major cigarette maker Altria Group, through its e-cigarette operation, NJOY, LLC, over non-compliant products.

“Scan data now is at our fingertips… and you can literally pull this data to see which retailers are selling which noncompliant product and which wholesalers are distributing [these products]—that’s one good way to revolutionize vape enforcement,” Quick told the roughly 200 attendees during the panel discussion. “What’s really hurting the industry are illegal, non-compliant bad actors in the U.S. vaping market undermining the potential of e-cigarettes to help smokers quit.”

If law enforcement agencies started using scan data and calling out illegal activity, the vaping industry could ultimately regulate itself, Quick said. Most major stakeholders along the supply chain already follow the rules, he said, but non-compliant companies take a big chunk of the overall.

For its part, Bidi Vapor, the maker of the BIDI® Stick, submitted premarket tobacco product applications (PMTAs) for all 11 of its flavored devices. Those PMTAs are currently under the FDA’s scientific review. During that evaluation period, Bidi Vapor is able to market its products, subject to FDA enforcement discretion.

To listen to a recording of the presentation, click here.


Based in Melbourne, Florida, Bidi Vapor maintains a commitment to responsible, adult-focused marketing, supporting age-verification standards and sustainability through its BIDI® Cares recycling program. Bidi Vapor’s premier device, the BIDI® Stick, is a premium product made with high-quality components, a UL-certified battery and technology designed to deliver a consistent vaping experience for adult smokers 21 and over.

Visit www.bidivapor.com.


Kaival Marketing Services (KMS) has been the primary marketing and sales service provider for Kaival Brands Innovations Group since 2020. Kaival Brands is the U.S. distributor of Bidi Vapor products. In addition to its sales force, KMS brings over 100 contracted employees dedicated to supporting Kaival Brands’ management team.

Visit http://kaivalmarketingservices.com.

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