Today, the FDA said that a tiny e-liquid producer has agreed to stop operations by entering into a consent agreement with the US Department of Justice. This is the fourth time that the DOJ and FDA have closed down minor vape makers via injunction procedures.
Cory Vigil, the proprietor of Colorado-based Boosted LLC, was the target of the legal action. Boosted has been producing e-liquids for at least ten years; at one point, it employed over a dozen individuals. The Justice Department filed a lawsuit against Boosted alleging that the business disregarded letters of warning for vending unapproved vape items.
FDA Center for Tobacco Products (CTP) Director Brian King said in an FDA news statement that "those who flout the law are responsible for what happens, and we are committed to using all of our authorities to hold them accountable."
The FDA said that on June 12, the U.S. District Court for the District of Colorado issued the consent decree as a court order. That was only two days after the agencies announced the creation of a multi-agency task force modeled after the Drug War to clamp down on vaping firms, and it was the same day King and a DOJ official testified before a Senate Judiciary Committee hearing to justify their enforcement actions against the vaping sector.
"Manufacturers signing consent agreements basically admit guilt for previous actions, and agree to terms of punishment---including steep financial penalties---in advance for any future violations."
In order to comply with the consent decree, Boosted and Vigil must first get FDA marketing permission, let the FDA examine their facilities, and receive written notification from the FDA stating that they "appear to be in compliance with the law."
Boosted and Vigil will not be prosecuted by the federal authorities for prior infractions in return for consenting to the decree's stipulations. Manufacturers that sign consent decrees essentially acknowledge their past transgressions and submit to conditions of punishment, which may include harsh financial penalties, in advance of any future infractions.
The FDA states that in order to fight illegal e-cigarettes in the US, the Boosted consent decree "represents the ongoing collaboration among federal partners—which will continue and expand under FDA and DOJ's newly announced task force."
Similar cases were filed by the DOJ in October 2022 against six minor vape producers, with the goal of obtaining an injunction in six different U.S. district courts. The DOJ filed a request for an injunction to shut down a second small Florida vaping business in December 2023.
