Court Issues Permanent Injunction Against W.Va.-Based Vapor Company
WASHINGTON D.C. — As a result of continual violations of the Federal Food, Drug, and Cosmetic Act, the United States District Court for the Southern District of West Virginia enjoined Soul Vapor and its owner, Aurelius Jeffrey, from directly or indirectly manufacturing, distributing, selling, and/or offering for sale any new tobacco product that has not received marketing authorization from the U.S. Food and Drug Administration (FDA).
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The court also ordered the parties to destroy e-cigarette products that were manufactured by Soul Vapor and were in its custody, control or possession.
"The court's order is yet another example of how the FDA … is successfully ramping up enforcement to combat unauthorized e-cigarettes," said Brian King, director of the FDA's Center for Tobacco Products (CTP). "We will continue to work with our federal partners to identify and bring enforcement actions against bad actors, while continuing to educate stakeholders about the need for additional resources to best support these efforts."
According to the complaint filed by the U.S. Department of Justice (DOJ) on the FDA's behalf, the defendants were previously warned of their violations of premarket review requirements for manufacturing, selling, and distributing new tobacco products by failing to first obtain marketing authorization from the FDA. The complaint also alleged that the defendants submitted materially false information to the agency.
The FDA and the DOJ have continued to coordinate their actions to enjoin bad actors from distributing unauthorized e-cigarette products. This has included numerous judicial enforcement actions in addition to court injunctions, such as the seizure of illegal vapor products, especially those that have youth appeal.
The agencies also recently teamed up with other government organizations to create a task force focused on combating the illegal distribution and sale of unauthorized e-cigarettes in the United States by using a better coordinated and streamlined approach.