US Files Lawsuit Against WV Vape Company: Crackdown on Unauthorized Vaping Products

US Files Lawsuit Against WV Vape Company: Crackdown on Unauthorized Vaping Products

June 29, 2023
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The United States Department of Justice has taken significant steps to combat the illegal sale and production of unauthorized vaping products. Complaints were filed against six companies and related individuals, accusing them of illegally manufacturing and selling electronic nicotine delivery systems (ENDS) products. These actions mark the first time manufacturers of ENDS products are being sued for violating premarket review requirements under the federal Food, Drug, and Cosmetic Act.

The Allegations and Violations

According to court documents filed in U.S. District Court, the defendants are accused of producing and distributing ENDS products, including finished e-liquids, which contain nicotine, colorings, flavorings, and other questionable ingredients. The government alleges that these tobacco products became tainted and misbranded after being shipped across state lines, and despite receiving warning letters from the FDA, the defendants continued their illegal activities.

Combating Illegal Sales

The legal actions taken by the Department of Justice are aimed at curbing the illegal sale of unauthorized electronic nicotine delivery system products. Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, emphasized the importance of these cases in stopping the distribution of illegal tobacco products. The Department of Justice will work closely with the FDA to enforce regulations and protect consumers from potentially harmful products.

FDA’s Commitment to Enforcement

Dr. Brian King, Director of the FDA’s Center for Tobacco Products, expressed the significance of these enforcement actions in preventing tobacco product manufacturers from violating the law. The FDA is dedicated to acting swiftly upon identifying such violations and will not tolerate repeated non-compliance by manufacturers, especially when given multiple opportunities to rectify their actions.

Upholding Consumer Safety

U.S. Attorney Peter D. Leary for the Middle District of Georgia stressed the importance of businesses, regardless of their size, complying with federal regulations that aim to safeguard consumers, particularly in relation to potentially harmful products. The office will diligently enforce statutes to ensure the safety of citizens in the Middle District of Georgia.

Protecting the Public

U.S. Attorney Nick Brown for the Western District of Washington shed light on the alarming practices of Super Vape’z shops, which not only sold potentially adulterated tobacco products but also supplied vapes to underage individuals. Despite repeated instructions to obtain FDA approval for their tobacco products, the owners neglected to take the necessary steps. Consequently, the Department of Justice filed a lawsuit to protect the public’s interests.

Lawsuits and Defendants

The Department of Justice has filed lawsuits against the following defendants in six different states:

  1. Seditious Vapours LLC, a Phoenix-based vape company, and its owner Matthew D. Berger, filed in the District of Arizona.
  2. Vapor Craft LLC, based in Columbus, Georgia, and its owner Melissa D. Anderson, filed in the Middle District of Georgia.
  3. Lucky’s Convenience & Tobacco LLC, located in Wichita, Kansas, and its majority owners Kevin H. Nguyen and Thomas Rogers, filed in the District of Kansas.
  4. Morin Enterprises Inc. and its owner Kevin Morin, operating multiple locations in Minnesota, filed in the District of Minnesota.
  5. Super Vape’z LLC, based in Lakewood, Washington, and its co-owners Marco Hoffman and Heydee Hoffman, along with general manager Judith A. Cramer, filed in the Western District of Washington.
  6. Soul Vapor LLC, situated in Princeton, West Virginia, and its owner Aurelius Jeffrey, filed in the Southern District of West Virginia.

All these defendants knowingly manufactured and sold ENDS products without obtaining FDA marketing authorizations, despite being notified by the FDA about the requirement to do so.

Frequently Asked Questions (FAQs)

1. What is the significance of the lawsuits filed by the Department of Justice against these companies?

The lawsuits filed by the Department of Justice are crucial in combating the illegal sale and production of unauthorized vaping products. They mark the first legal actions against manufacturers of electronic nicotine delivery system products for violating premarket review requirements. This crackdown aims to protect consumers and enforce regulations surrounding tobacco products.

2. Why were these companies accused of manufacturing and selling unauthorized vaping products?

The accused companies allegedly engaged in the illegal production and sale of electronic nicotine delivery system products, including e-liquids that contain nicotine and questionable ingredients. They failed to obtain FDA marketing authorizations for their tobacco products, even after receiving warning letters about the illegal nature of their activities.

3. How does the FDA play a role in preventing violations by tobacco product manufacturers?

The FDA, represented by the Center for Tobacco Products, plays a vital role in preventing violations by tobacco product manufacturers. The FDA acts swiftly when notified of such violations and is committed to ensuring compliance with federal regulations. Manufacturers are given multiple opportunities to rectify their actions before facing legal consequences.

4. What are the potential dangers associated with unauthorized vaping products?

Unauthorized vaping products pose various risks to consumers. The ingredients used in these products may be of questionable quality and safety. Additionally, the misbranding and tainting of tobacco products can lead to health hazards for users. The FDA aims to protect consumers by cracking down on the sale and distribution of such products.

5. How does the Department of Justice’s lawsuit aim to protect the public?

The Department of Justice’s lawsuit seeks to protect the public by holding companies accountable for their illegal actions. In the case of Super Vape’z shops, for example, the owners were not only accused of selling potentially adulterated tobacco products but also of supplying vapes to underage individuals. By taking legal action, the Department of Justice aims to safeguard public health and safety.

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