The Food and Drug Administration (FDA) has made its latest move in its fight against unauthorized vape sales — on Sept. 23, the agency announced that it was seeking fines against two brick and mortar retailers and nine online retailers. The FDA previously issued warning letters to the retailers for the alleged sale of unauthorized tobacco products, however, the agency found in follow-up inspections that the retailers had failed to correct the violations.
The FDA is now seeking a CMP of $20,678 from each retailer.
To date, FDA has filed civil money penalty complaints against 70 manufacturers and 160 retailers for distribution and/or sale of unauthorized tobacco products.
“These actions reflect FDA’s continued dedication to bringing enforcement actions against entities along the supply chain who violate the law relating to tobacco products,” FDA noted in a statement.
The FDA has currently authorized 34 e-cigarette products and devices. The agency maintains a printable one-page flyer of all authorized e-cigarette products that retailers can consult to determine which products may be lawfully marketed and sold in the U.S.
Cracking Down
The FDA has significantly strengthened its enforcement efforts this year, especially towards e-cigarette products. In June, the agency announced the forming of a new task force with the Department of Justice (DOJ) designed specifically to curb unauthorized vape sales.
The task force brought together multiple law enforcement partners, including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the U.S. Marshals Service (USMS); the U.S. Postal Inspection Service (USPIS); and the Federal Trade Commission (FTC), to “coordinate and streamline efforts to bring all available criminal and civil tools to bear against the illegal distribution and sale of e-cigarettes responsible for nicotine addiction among American youth,” the FDA noted in a statement.
“The federal task force will focus on several topics, including investigating and prosecuting new criminal, civil, seizure and forfeiture actions under the PACT Act; the Federal Food, Drug, and Cosmetic Act (FDCA), as amended by the Family Smoking Prevention and Tobacco Control Act (TCA); and other authorities,” FDA’s statement continued.
Just a week after this announcement, the newly-formed entity made its mark by filing a permanent injunction against vape manufacturer Boosted, which does business as Boosted E-Juice, Boosted and Live Boosted, and Cory Vigil, owner of the company.
Not only did the move show that the agencies were serious about their compliance efforts, but it also set a precedent for the industry.
“FDA remains steadfast in our work to enforce the law, especially after we’ve given a crystal-clear warning and explanation of what firms need to do to comply,” said Brian King, director of FDA’s Center for Tobacco Products (CTP). “Those who flout the law are responsible for the consequences, and we are committed to using the full force of our authorities to hold them accountable.”
Now more than ever, it is vital that retailers stay up to date on the current state of vape products.
Retailers that want to check if they are in compliance with the law can visit the FDA’s newly launched Searchable Tobacco Products Database here.
