Justice Department Collaborates with FDA to Take Down Small-Scale Vape Producer

Acting on behalf of the FDA, the U.S. Department of Justice requested Friday that a federal judge grant an injunction that would force the closure of a tiny Florida vape producer. According to the FDA Center for Tobacco Products (CTP), the company Vape Junkie Ejuice is not allowed by the agency to manufacture e-liquid.

The Department of Justice is requesting a permanent injunction to stop Vape Junkie Ejuice from producing, marketing, and distributing e-cigarette goods from the U.S. District Court for the Middle District of Florida. A court injunction's violation could result in harsh consequences, such as crippling fines,

The FDA has already sent the business at least one warning notice citing sales of unapproved items. It doesn't seem like the business filed premarket tobacco applications (PMTAs) that the FDA approved for examination.

No bottled e-liquid or non-tobacco flavor vaping goods are allowed to be sold by the FDA.

With this move, the FDA and DOJ have collaborated to uphold the FDA's power under the Tobacco Control Act for the second time. The DOJ filed a request for an injunction against six small e-cigarette companies in October 2022 after the FDA accused them of distributing illegal goods. Working with the Justice Department is "part of FDA's comprehensive approach to enforcing the law," according to the CTP.

CTP Director Brian King stated in a news release , "FDA has made it very clear that we will not watch helplessly as bad actors choose to flagrantly flout the law, especially after being properly warned." "This manufacturer will face consequences for their continued breach of the law."

The proprietors of Vape Junkie Ejuice, identified as Jessica M. Fitzgerald and Michelle L. Allen in the FDA press release and complaint, seem to have started the company in 2011 after one of them used e-cigarettes to successfully quit smoking and made the decision to assist other smokers in quitting, as many others at the time did. The company website states that Vape Junkie not only manufactures products but also runs two vape shops in Florida.

No bottled e-liquid or non-tobacco flavor vaping goods are allowed to be sold by the FDA. Only seven vaping devices and a small number of tobacco-flavored refills have been approved by the EPA since it gave itself control over vaping items in 2016; all of these products are made by companies that are owned by significant tobacco companies.