The FDA and the DOJ have taken decisive action against Boosted LLC and its owner, Cory Vigil, marking the eighth permanent injunction by the FDA and DOJ in recent years. This injunction prohibits Boosted LLC from manufacturing, selling, or distributing any new tobacco products until they meet specific regulatory requirements.
Details of the Boosted LLC Case
On June 6, 2024, the DOJ, on behalf of the FDA, filed a lawsuit against Boosted LLC and its owner Cory Vigil. The lawsuit accused Boosted of continuing to sell unauthorized e-cigarette products, in direct violation of the premarket review requirements of the FD&C Act. Just six days later, on June 12, 2024, the U.S. District Court for the District of Colorado issued a permanent injunction against Boosted LLC and Cory Vigil.
Background of Boosted LLC
Boosted LLC is an early e-liquid brand with a significant influence in the U.S. e-cigarette industry. Despite its prominence, the company has faced multiple legal challenges. In July 2023, New York City Mayor Eric Adams filed a lawsuit against Boosted and three other e-cigarette distributors for illegally selling banned flavored e-cigarette products to minors. This lawsuit was still ongoing as of October 2023.
The Role of the FDA and DOJ Task Force
This injunction is the first enforcement action announced under the newly formed FDA and DOJ task force. The task force aims to strengthen enforcement actions against companies that violate tobacco product regulations. The swift injunction against Boosted LLC demonstrates the task force’s commitment to rigorous enforcement and public health protection.
Impact of the Injunction on the E-Cigarette Industry
The injunction against Boosted LLC sends a strong message to the e-cigarette industry about the importance of compliance with FDA regulations. With increasing pressure from Congress, public health advocates, and the judiciary, the FDA is likely to continue its stringent enforcement efforts. Compared to only one permanent injunction in the entire year of 2023, the number of permanent injunctions may increase in 2024 as the FDA responds to ongoing demands for stricter regulation.
Summary of the FDA’s Eight Permanent Injunctions
- Boosted LLC: U.S. District Court for the District of Colorado, June 12, 2024
- Vape Junkie Ejuice: U.S. District Court for the Middle District of Florida, December 4, 2023
- Morin Enterprises Inc. (E-Ciq Crib): U.S. District Court for the District of Minnesota, October 18, 2022
- Soul Vapor LLC: U.S. District Court for the Southern District of West Virginia, October 18, 2022
- Super Vape’ z LLC: U.S. District Court for the Western District of Washington, October 18, 2022
- Vapor Craft LLC: U.S. District Court for the Middle District of Georgia, October 18, 2022
- Lucky’s Convenience & Tobacco LLC (Lucky’s Vape & Smoke Shop): U.S. District Court for the District of Kansas, October 18, 2022
- Seditious Vapours LLC (Butt Qut): U.S. District Court for the District of Arizona, October 18, 2022
FAQ
What led to the permanent injunction against Boosted LLC?
Boosted LLC was found to be selling unauthorized e-cigarette products, violating the premarket review requirements of the FD&C Act. This led to the DOJ filing a lawsuit on behalf of the FDA, resulting in a permanent injunction.
How quickly was the injunction issued against Boosted LLC?
The injunction was issued just six days after the DOJ filed the lawsuit, highlighting the urgency and seriousness of the case.
What are the consequences for Boosted LLC following the injunction?
Boosted LLC is prohibited from manufacturing, selling, or distributing any new tobacco products until they comply with specific regulatory requirements set by the FDA.
What is the role of the newly formed FDA and DOJ task force?
The task force aims to strengthen enforcement actions against companies violating tobacco product regulations, ensuring public health safety.
How does this injunction impact the e-cigarette industry?
The injunction sends a strong message about the importance of regulatory compliance, potentially leading to increased enforcement actions and stricter regulations within the industry.
