The FDA Filed its First Lawsuits for Illegally Selling E-cigarettes

December 21st, 2022

In October, the Food and Drug Administration filed its first lawsuits against e-cigarette makers selling vaping products without the agency’s approval.

The FDA says six e-cigarette makers didn’t go through a review process for their products and continued to sell them after the FDA sent warning letters.

The six companies are:

  • Morin Enterprises Inc. doing business as E-Cig Crib
  • Soul Vapor LLC
  • Super Vape’z LLC
  • Vapor Craft LLC
  • Lucky’s Convenience & Tobacco LLC doing business as Lucky’s Vape & Smoke Shop
  • Seditious Vapours LLC doing business as Butt Out

The FDA goes through a “premarket review” process to decide whether the benefits of new vape products, including whether or not the product would potentially help people quit other forms of tobacco, outweigh their possible harms to young people who use e-cigarettes and those who don’t.

Between January 2021 and September 2022, the FDA issued nearly 300 warning letters for more than 17 million products for failing to submit a premarket application before the agency’s deadline. The FDA says the majority of companies removed their products from the market after it sent the warning letters.

The six companies listed above continued to sell their products without the FDA review. If the companies comply with the FDA’s process, they might be able to legally sell their products. If they don’t comply, the FDA can ask a judge to stop them.

Read more from The Verge.