More than 2.1 million unauthorized vaping products have been seized from five distributors and six retailers in seven states, according to an announcement by the U.S. Department of Justice and the Food and Drug Administration (FDA). The action targeted flavored e-cigarettes that lacked required premarket authorization.
Federal complaints filed in U.S. District Court allege that these businesses continued selling electronic nicotine delivery system (ENDS) products despite prior FDA warnings that such sales were illegal without approval. Recent inspections and undercover purchases by agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) reportedly confirmed ongoing violations.
The seizures were conducted by the U.S. Marshals Service, ATF agents, and other law enforcement agencies with support from the Department of Health and Human Services (HHS) and FDA.
“These dangerous and unauthorized vapes are often smuggled in from China to be sold near schools and military bases, putting our kids and service members directly at risk,” said Attorney General Pamela Bondi. “This is a national security issue, and this month’s raids are just the beginning. Working with our partners at HHS, we will prosecute anyone participating in the illegal sale of these products.”
“Along with our partners, the U.S. Marshals seized and removed from the marketplace more than 2 million non-FDA approved products from five warehouse distribution centers and six retail locations across the country,” said Director Gadyaces S. Serralta of the U.S. Marshals Service. “This operation is a great example of the U.S. Marshals Service and its partners joining forces to protect our youth and to Make America Healthy Again.”
“The vaping products seized by the United States Marshals Service threatened the health and safety of our communities and undermined the integrity of statutory and regulatory safeguards designed to protect consumers, including our nation’s youth,” said U.S. Attorney Andrew S. Boutros for the Northern District of Illinois, where one of the largest seizures took place. “Americans expect and deserve that prohibited products never make their way on consumer shelves, and that other products are lawfully marketed and comply with all federal laws and regulations. We will continue to work with our law enforcement partners to ensure illegal products never enter into the stream of commerce and pursue all possible civil and criminal remedies against those who violate federal laws and regulations.”
Civil injunctive actions have also been filed against distributors and retailers involved in these seizures to prevent further violations. The complaints allege that defendants continued marketing adulterated or misbranded tobacco products after being warned by FDA.
Entities named in these actions include Tampa Vapor; Progressive Retail Inc., doing business as Rainbow Food Mart; Bouslimi Holdings Inc., doing business as Marathon/Food Center; A Joint Effort Inc., doing business as Blvd Smoke Shop; Calle 8 Petroleum LLC, doing business as UGAS/Circle K; Smoke House Sunset; D&A Distribution LLC, doing business as Strictly E-Cig; PSM101 LLC, doing business as Center Point Distributors; B&G Trading LLC, doing business as Vaportech Wholesale; Midwest Goods Inc., doing business as Midwest Distribution; Dream Distro LLC; along with Gorilla Vapes LLC.
Under current law, ENDS manufacturers must obtain premarket review for new tobacco products before they can be legally sold through interstate commerce.
The legal cases are being handled by attorneys from both DOJ’s Civil Division Consumer Protection Branch under Acting Deputy Assistant Attorney General Sarmad Khojasteh, along with Assistant U.S. Attorneys from multiple districts nationwide.
Further information about DOJ’s Consumer Protection Branch is available at www.justice.gov/civil/consumer-protection-branch.
The government noted that all claims announced are allegations only, with no determination yet made regarding liability.
