Tag: DOJ

  • FDA: New Joint Task Force to Combat Illegal Vapes

    FDA: New Joint Task Force to Combat Illegal Vapes

    Credit: Heidi

    The U.S. Department of Justice (DOJ) and the U.S. Food and Drug Administration announced today the establishment of a federal multi-agency task force to combat the distribution and sale of illegal vaping products, including disposable e-cigarettes.

    “Enforcement against illegal e-cigarettes is a multi-pronged issue that necessitates a multi-pronged response,” said Brian King, director of the FDA’s Center for Tobacco Products. “This ‘All Government’ approach – including the creation of this new Task Force – will bring the collective resources and experience of the federal government to bear on this pressing public health issue.”

    Along with the FDA and DOJ, the task force will bring 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. Additional agencies may join the task force in the coming weeks and months.

    “Unauthorized e-cigarettes and vaping products continue to jeopardize the health of Americans – particularly children and adolescents – across the country,” said Acting Associate Attorney General Benjamin Mizer. “This interagency Task Force is dedicated to protecting Americans by combatting the unlawful sale and distribution of these products. And the establishment of this Task Force makes clear that vigorous enforcement of the tobacco laws is a government-wide priority.”

    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.

    “The U.S. Marshals Service Asset Forfeiture Division stands ready to work with our Task Force partners in the seizure of unauthorized e-cigarettes from domestic distributors seeking to sell them unlawfully,” said Ronald Davis, director of the U.S. Marshals Service.

    According to a press release, violations of these statutes can result in felony convictions, significant criminal fines, and civil monetary penalties. They can also result in seizures of unauthorized products, which can help make illegal e-cigarettes less accessible, including to young people. Through their participation in the task force, USMS will help the FDA and the Department effectuate seizures of unauthorized e-cigarettes within the United States.

    “The Justice Department is committed to enforcing the laws that prevent the sale and distribution of unlawful e-cigarettes,” said Principal Deputy Assistant Attorney General Brian Boynton, head of DOJ’s Civil Division. “We will work closely with our Task Force partners to address this crisis with all of the enforcement tools available to us.”

    The Federal Trade Commission (FTC), which releases reports about cigarette, smokeless tobacco, and e-cigarette marketing and enforces various statutory and regulatory prohibitions on false and misleading advertising, will support the task force’s activities, including by sharing its knowledge about the marketplace for vaping products.

    “We look forward to sharing our experience with this rapidly changing, multi-billion dollar market through this important Task Force,” said Samuel A.A. Levine, director of the FTC’s Bureau of Consumer Protection.

  • First Vapor Manufacturers Handed DOJ Injunctions

    First Vapor Manufacturers Handed DOJ Injunctions

    Credit: MQ Illustrations

    The United States filed complaints in December against six companies and related individuals to stop the illegal manufacture and sale of unauthorized vaping products. The charges were brought on behalf of the U.S. Food and Drug Administration.

    E-cigarette manufacturers Seditious Vapours LLC and Vapor Craft LLC, two of those six companies, must stop distributing and selling their products under two separate court orders granting the FDA-requested injunctions, according to Bloomberglaw.

    Judge Douglas L. Rayes of the U.S. District Court for the District of Arizona sided with the FDA’s argument that Seditious Vapours failed to submit premarket applications for the products, and subsequently manufactured, sold, and distributed the e-cigarettes illegally, according to a court order filed Friday.

    Two days earlier, Judge Clay D. Land of the US District Court for the Middle District of Georgia granted a permanent injunction against Vapor Craft.

    The FDA states that the defendants continued to manufacture, sell, and distribute unauthorized e-cigarettes to consumers after receiving warning letters from the agency. The FDA’s prior warnings noted that further violations could lead to enforcement action, including injunction.

    “These cases are an important step in stopping the illegal sale of unauthorized electronic nicotine delivery system products,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice will continue to work closely with FDA to stop the distribution of illegal, unauthorized tobacco products.”

    When companies are manufacturing and distributing unauthorized tobacco products, the FDA will typically first issue a warning letter in an attempt to achieve voluntary compliance with the law. If continuing violations are documented by the FDA, the agency may request that DOJ pursue a judicial enforcement action, such as an injunction or seizure.

    The six companies originally having injunctions filed were: 

    • 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 & Tobacco LLC d/b/a Lucky’s Vape & Smoke Shop in the District of Kansas
    • Seditious Vapours LLC d/b/a Butt Out in the District of Arizona

    The FDA also has administrative civil money penalty authority for violations of the FD&C Act relating to tobacco products.

  • U.S. House Votes to Protect States With Legal Marijuana

    U.S. House Votes to Protect States With Legal Marijuana

    Credit: Louis Velazquez

    An amendment to protect all U.S. state-run marijuana programs from federal interference passed the U.S. he House of Representatives on Thursday. The bill passed in a 254-163 vote on the floor. Earlier in the day, it had been approved in an initial voice vote.

    If enacted, the measure would prevent the Department of Justice (DOJ) from using its funds to impede states from implementing cannabis legalization laws. The bipartisan effort was led by Reps. Earl Blumenauer, Tom McClintock, Eleanor Holmes Norton and Barbara Lee.

    The amendment builds on an existing provision that only protects state medical cannabis laws from DOJ intervention that has been enacted through appropriations legislation each year since 2014.

    As a growing number of states have legalized marijuana for medical or recreational purposes, “we’ve watched across the country shifting attitudes,” Blumenauer said in the floor debate prior to the vote, according to marijuanamoment.net, a cannabis advocacy group. “The federal government, sadly, is still trapped by the dead hand of Richard Nixon’s war on drugs, declaring cannabis a schedule I controlled substance.”

    The congressman also talked about separate House-passed legislation to protect banks that service the marijuana industry and another standalone bill to federally deschedule cannabis.