FDA and DOJ File Permanent Injunctions Against Six E-Cigarette Manufacturers

November 16, 2022 by Alec Stone MA, MPA, Former ONS Director of Government Affairs and Advocacy

FDA previously warned the companies that they were violating the Federal Food, Drug, and Cosmetic Act’s (https://www.fda.gov/news-events/press-announcements/fda-doj-seek-permanent-injunctions-against-six-e-cigarette-manufacturers?utm_medium=email&utm_source=govdelivery) 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 (https://www.fda.gov/news-events/press-announcements/fda-doj-seek-permanent-injunctions-against-six-e-cigarette-manufacturers?utm_medium=email&utm_source=govdelivery).

DOJ filed injunctions (https://www.fda.gov/news-events/press-announcements/fda-doj-seek-permanent-injunctions-against-six-e-cigarette-manufacturers?utm_medium=email&utm_source=govdelivery) on behalf of FDA against:

“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 (https://www.fda.gov/news-events/press-announcements/fda-doj-seek-permanent-injunctions-against-six-e-cigarette-manufacturers?utm_medium=email&utm_source=govdelivery). “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 (https://www.ons.org/make-difference/ons-center-advocacy-and-health-policy/position-statements/e-cigarettes-and-vaping).

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