The FDA announced today that Boosted LLC, a small e-liquid manufacturer, has entered into a consent decree with the U.S. Department of Justice (DOJ), agreeing to cease operations. This marks the eighth instance where the FDA and DOJ have used injunction proceedings to shut down small vape manufacturers.
The action was taken against Colorado-based Boosted LLC and its owner, Cory Vigil. Boosted, which once employed more than a dozen people, has been manufacturing e-liquids for at least a decade. According to the Justice Department’s complaint, the company ignored warning letters regarding the sale of unauthorized vape products.
“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,” said FDA Center for Tobacco Products (CTP) Director Brian King in an FDA press release.
The consent decree was entered as a court order on June 12 by the U.S. District Court for the District of Colorado. This coincided with King and a DOJ official’s appearance at a Senate Judiciary Committee hearing to defend their enforcement efforts against the vaping industry. It also came just two days after the agencies announced the formation of a multi-agency task force to crack down on vaping businesses.
Manufacturers signing consent decrees essentially admit guilt for previous actions and agree to terms of punishment, including steep financial penalties, for any future violations. The consent decree is an agreement by Boosted and Vigil not to manufacture “tobacco products” without first receiving FDA marketing authorization, allowing FDA to inspect their facilities, and receiving written notice from the FDA that they “appear to be in compliance with the law.”
In exchange for agreeing to the terms of the decree, Boosted and Vigil will not face legal action by federal agencies for previous violations. According to the FDA, the Boosted consent decree represents ongoing collaboration among federal partners, which will continue and expand under the newly announced FDA and DOJ task force to address unauthorized e-cigarettes in the United States.
In October 2022, the DOJ filed similar complaints against six small vape manufacturers, seeking injunctions in six separate U.S. district courts. In December 2023, the DOJ sought an injunction to shut down another small vaping company in Florida.
The FDA and DOJ’s recent actions demonstrate their commitment to enforcing regulations within the vaping industry. By targeting companies distributing unauthorized products, they aim to ensure compliance and protect public health. The creation of the multi-agency task force indicates a robust, coordinated effort to tackle the challenges posed by unauthorized e-cigarette products.
