The U.S. Department of Justice (DOJ), on behalf of the U.S. Food and Drug Administration (FDA), filed complaints for permanent injunctions against six e-cigarette manufacturers in October 2022. It was the first time FDA initiated injunction proceedings to enforce review requirements for new tobacco products.

FDA previously warned the companies that they were violating the Federal Food, Drug, and Cosmetic Act’s premarket review requirements for new tobacco products by manufacturing, selling, and distributing products without obtaining marketing authorization. After the warning, the companies, according to FDA, continued to produce unauthorized e-cigarettes and sell to consumers.

DOJ filed injunctions on behalf of FDA against:

  • Morin Enterprises Inc. doing business as E-Cig Crib in the District of Minnesota
  • Soul Vapor, LLC, in the Southern District of West Virginia
  • Super Vape’z, LLC, in the Western District of Washington
  • Vapor Craft, LLC, in the Middle District of Georgia
  • Lucky’s Convenience and Tobacco, LLC, doing business as Lucky’s Vape and Smoke Shop in the District of Kansas
  • Seditious Vapours, LLC, doing business as Butt Out in the District of Arizona

“Today’s enforcement actions represent a significant step for the FDA in preventing tobacco product manufacturers from violating the law,” Brian King, PhD, MPH, FDA’s Center for Tobacco Products director, said. “We will not stand by as manufacturers repeatedly break the law, especially after being afforded multiple opportunities to comply.” 

Acting in the interest of public health can take many forms, including leveraging the court system to enforce federal statutes. Supporting policies and advocating for action are a few of the many ways nurses can help keep the public safe from the harms of e-cigarettes.