FDA Files Lawsuit Against Vape Junkie Ejuice for Unauthorized E-cigarette Sales

According to a statement released by the US Food and Drug Administration (FDA) on December 4th, the FDA has filed a lawsuit through the US Department of Justice (DOJ) against e-cigarette liquid retailer Vape Junkie Ejuice, seeking a permanent injunction. The reason for the legal action is their production, sale, and distribution of unauthorized e-cigarette products.

This case marks the FDA's seventh initiation of a ban enforcement procedure to carry out the pre-market review requirements of the Federal Food, Drug, and Cosmetic Act (FD&C Act) pertaining to novel tobacco products.

The FDA reports that despite issuing a warning to Vape Junkie Ejuice and threatening potential further actions, including a ban, the company continues to illicitly produce, sell, and distribute unauthorized e-cigarette products to consumers.

In response to this issue, Brian King, the Director of the Center for Tobacco Products (CTP) at the FDA, stated:

The FDA is very clear that we will not tolerate individuals openly disregarding the law, especially after being warned.

Currently, the Department of Justice (DOJ) has filed a lawsuit on behalf of the Food and Drug Administration (FDA), seeking an injunction against Vape Junkie Ejuice. The lawsuit demands that Vape Junkie Ejuice cease the production, sale, and distribution of their e-cigarette liquid and obtain market authorization from the FDA before selling such products.

Ann Simoneau, Director of Compliance and Enforcement Office at CTP, stated:

The ban action today should serve as a clear reminder to all manufacturers that if they continue to sell illegal products, we will fully leverage the power of the law. The FDA is committed to collaborating with federal partners, including the Department of Justice, to enforce the law.

The FDA has announced that it has taken action against manufacturers, distributors, importers, and retailers of illegal e-cigarette products over the past year. As of November 2023, the FDA has issued approximately 640 warning letters to companies involved in the production and/or distribution of illegal e-cigarette products and devices. In addition, over 400 warning letters have been sent to retailers selling unauthorized e-cigarettes, and civil penalty complaints have been filed against 36 e-cigarette manufacturers and 42 retailers for manufacturing and/or selling unauthorized products.