According to an article by Alex Norcia in Filter, the U.S. Department of Justice is seeking court orders, threatening litigation, and demanding the destruction of unauthorized e-cigarette products. These actions are particularly noteworthy given that Brian King, director of the Center for Tobacco Products, recently declined to disclose to Politico whether his agency is willing to remove unauthorized e-cigarette products from the market.
Filter has confirmed that at least two open-system electronic cigarette companies have violated the Federal Food, Drug, and Cosmetic Act by failing to submit premarket tobacco product applications (PMTAs) and continuing to sell their products. This comes after the US Food and Drug Administration notified the Department of Justice before September 1st.
We plan to seek a court order permanently prohibiting...among other things, directly or indirectly manufacturing, distributing, selling, and/or providing any new tobacco product at any of your facilities or from any of your facilities unless and until such product has obtained marketing authorization from the FDA," states a letter signed by DOJ Senior Litigation Counsel Christina Parascandola, which was obtained by Filter.
Two companies known to have received letters have been ordered to actually destroy their own products under FDA supervision.
An industry insider told Filter that the letter was a "clear escalation" - as far as he knows, this is the first time the FDA has gone beyond a warning and explicitly threatened to sue for the sale of unauthorized nicotine electronic cigarettes.
Amanda Wheeler, a e-cigarette shop owner and president of an American vapor manufacturer in Arizona, expressed her frustration to Filter, stating that the FDA is now seeking the involvement of the Department of Justice in its misguided war against electronic cigarettes. Wheeler pointed out that this is affecting small businesses that are working tirelessly to help ordinary Americans quit smoking and are now facing shocking threats from federal law enforcement officials.
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