U.S. FDA, Department Of Justice Seek Permanent Ban On E-cigarette Company

U.S. FDA, Department of Justice seek permanent ban on e-cigarette company

On December 4, 2023, the U.S. Department of Justice (DOJ) filed a lawsuit on behalf of the FDA, requesting a permanent injunction against Vape Junkie Ejuice's business.

On December 4, 2023, the U.S. Department of Justice (DOJ) filed a lawsuit on behalf of the FDA, requesting a permanent injunction against the business of Vape Junkie Ejuice, a company engaged in the production, sale and distribution of unauthorized e-cigarette products. This is the seventh time that the FDA has initiated ban procedures to enforce the pre-market review requirements of the FD&C Act for new tobacco products such as e-cigarettes.

Vape Junkie Ejuice was previously warned by the FDA that the company violated the FD&C Act's premarket review requirements for new tobacco products by manufacturing, selling and distributing e-cigarette products without prior FDA marketing authorization. The FDA's warning states that continued violations may result in further action, including a ban.

However, after receiving the warning letter, Vape Junkie Ejuice did not heed the warning and continued to manufacture, sell and distribute unauthorized e-cigarette products to consumers, so now the FDA is seeking a permanent ban on the company's business.

Dr. Brian King, director of the FDA's Center for Tobacco Products (CTP), said: "The FDA has been very clear that we will not stand by and watch violators, especially when this manufacturer continues to violate the law despite receiving clear warnings. This behavior has the consequences of as a result of."

It is understood that the injunction sought by the FDA and the Department of Justice would require Vape Junkie Ejuice to stop manufacturing, selling and distributing e-cigarette liquid. The ban also requires the manufacturer to obtain marketing authorization from the FDA before marketing such products, as required by law.

The defendant companies can agree to the settlement and agree not to manufacture, sell or distribute any new tobacco products until certain requirements are met. These requirements include the company's tobacco products receiving FDA marketing authorization, the FDA inspecting the company's facilities for compliance with the law, and the FDA sending a written notification if the company is in full compliance with the relevant laws.

If the defendant company does not agree to the settlement, the U.S. government can ask the relevant court to issue an injunction preventing the defendant from directly or indirectly manufacturing, selling, or distributing any unauthorized tobacco products.

Over the past year, the FDA has continued to strengthen its enforcement of e-cigarettes. As of November 2023, the FDA has issued approximately 640 warning letters to companies that manufacture and/or distribute illegal e-cigarette products and devices. Authorized e-cigarette retailers issued more than 400 warning letters and filed civil penalty complaints against 36 e-cigarette manufacturers and 42 retailers for manufacturing and/or selling unauthorized products.

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