DOJ and FDA Once Again Target Small Vapor Companies

Vape Junkie Ejuice, a small vape juice manufacturer company based in Florida, is being targeted by the Department of Justice (DOJ) on behalf of the FDA. As reported on the FDA’s Center for Tobacco Products Newsroom, the DOJ has asked the Florida U.S. District Court to issue a permanent injunction preventing Vape Junkie Ejuice from manufacturing, selling, and distributing e-cigarette products.   

If the DOJ’s request is granted and Vape Junkie would face serious legal consequences for violating the injunction.  


Potential Penalties for Vape Junkie Ejuice 

The specific penalties for violating an injunction can vary depending on the jurisdiction and the nature of the violation, but potential consequences may include: 

  • Civil Penalties: This can include fines or monetary penalties imposed by the court for disobeying the injunction. 
  • Criminal Charges: In some cases, violating a court injunction can lead to criminal charges. 
  • Contempt of Court: Violating a court injunction is often considered contempt of court. Contempt of court occurs when someone disobeys a court order or shows disrespect for the court's authority. Penalties for contempt can include fines, imprisonment, or other sanctions as determined by the court. 
  • Additional Legal Actions: The person who sought the injunction (the plaintiff) can also take further legal action against the individual who violated the court order. This might involve seeking additional court orders, such as modifying the existing injunction, or pursuing a civil lawsuit for damages resulting from the violation. 


No Marketing Grant Orders for Small Businesses? 

The FDA has not authorized the sale of a single product produced by a small vapor company and has only issued Marketing Grant Orders (MGOs) for tobacco flavored products manufactured by big tobacco and their subsidiaries.  

To date, 23 tobacco-flavored e-cigarette products and devices have received MGOs.  Japan International Tobacco’s LOGIC brand, Altria owned NJOY, and RJ Reynolds dominate the list. It is noteworthy that the most popular of these tobacco industry manufactured vape devices, the Vuse Alto, has not received authorization and many of the approved devices are no longer sold due to obsolescence or low sales volume.  


Independent Vape Companies in Crosshairs 

Vape Junkie Ejuice is the most recent independent vape juice manufacturer to feel the full wrath of the FDA. They have received at least one warning letter from the FDA in April 2022. 

Dating back to October 2022, the FDA has initiated injunction proceedings to enforce premarket review requirements on six other e-cigarette manufacturers.   

  • 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 doing business as Lucky’s Vape & Smoke Shop in the District of Kansas 
  • Seditious Vapours LLC doing business as Butt Out in the District of Arizona 


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