FDA and Department of Justice Force Small Vape Maker to Go Out of Business
The FDA announced today that a small e-liquid manufacturer has entered into a consent decree with the United States Department of Justice, agreeing to cease operations. This is the eighth time the FDA and DOJ have used injunctive proceedings to shut down small vape businesses.
The suit was filed against Colorado-based Boosted LLC and its owner Cory Vigil. Boosted, which once employed more than a dozen people, had been making e-liquids for at least a decade. According to the Department of Justice's complaint against Boosted, the company ignored warning letters about selling unauthorized vaping products.
“Those who break the law must face the consequences, and we are determined to use the full force of our authorities to hold them accountable,” Brian King, director of the FDA’s Center for Tobacco Products, said in a statement. Press.
The consent decree was entered as a court order on June 12 in the United States District Court for the District of Colorado, according to the FDA. It was the same day that King and a DOJ official appeared before the Senate Judiciary Committee to defend their enforcement efforts against the vaping industry, and just two days after the agencies announced the forming a war on drugs style multi-agency task force to crack down on vape companies.
The Consent Decree is an agreement by which Boosted and Vigil agree not to manufacture "tobacco products" without first receiving marketing authorization from the FDA, allowing the FDA to inspect their facilities , and receive written notice from the FDA stating that they "appear to be in compliance with the law." »
In exchange for agreeing to the terms of the executive order, Boosted and Vigil will not be subject to legal action by federal agencies for past violations. Manufacturers signing consent decrees essentially admit culpability for past actions and agree to terms of punishment, including harsh financial penalties, in advance for any future violations.
According to the FDA, Boosted's consent decree "represents the ongoing collaboration between federal partners, which will continue and expand under the new task force announced by the FDA and DOJ to address unauthorized e-cigarettes in the United States . »
As of October 2022, the DOJ had filed similar complaints against six small vape manufacturers, seeking injunctions in six different U.S. district courts. In December 2023, the DOJ sought an injunction to shut down another small vape business in Florida.
