Boosted LLC Handed Injunction for Manufacturing Vape Products Without PMTA

The FDA and Department of Justice have successfully brought a permanent injunction against Boosted LLC and its owner, Cory Vigil, for the continued manufacture, sale, or distribution of unauthorized new tobacco products.

The injunction, the eighth time such enforcement action has been taken against a vape brand, follows continued violation of the Federal Food, Drug, and Cosmetic Act’s requirement to seek authorization before marketing tobacco products. FDA records show that the brand was first issued a warning letter for Pre-Market Tobacco Application violations in August 2022.

Boosted, which also trades as Boosted E-Juice, Boosted, and Live Boosted, and its owner have signed a consent decree to avoid further litigation. A consent decree is a written agreement signed by a federal judge and entered as a court order. Under the decree, the defendants agree not to manufacture, sell, or distribute any new tobacco products until they meet the requirements they have previously violated.

Brian King, Ph.D., M.P.H., director of FDA’s Center for Tobacco Products (CTP) is quoted as saying:

“The FDA remains steadfast in our work to enforce the law, especially after we’ve given a crystal-clear warning and explanation of what firms need to do to comply. 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.” 

How Consent Decree Injunctions Work

Injunctions are filed by DOJ on behalf of the FDA against defendants in the U.S. District Court where they do business. In the above case, that was the United States District Court for the District of Colorado. The FDA and the court will then monitor injunctions and determine whether the defendants comply with the terms of the consent decree.

In cases like these, the signing of a consent decree often provides the FDA with the power to inspect the defendants’ facilities and all records relating to the manufacture, sale, and distribution of tobacco products whenever the agency deems necessary. Furthermore, the defendants must reimburse the FDA for costs incurred during any evaluation of their compliance with the decree, and agree to destroy violating products under FDA supervision.

Defendants who don’t agree to a consent decree face the prospect of the government requesting the relevant district court enter an injunction preventing the violating actions. Defendants who violate the terms of a consent decree or order of permanent injunction risk court sanctions, including civil or criminal contempt. These sanctions could potentially lead to massive fines or even jail time.

Brands that have had permanent injunctions imposed against them now include:

• Boosted LLC – District of Colorado (June 12, 2024) 
• Vape Junkie Ejuice – Middle District of Florida (December 4, 2023)
• Morin Enterprises Inc. (doing business as E-Cig Crib) – District of Minnesota (October 18, 2022)
• Soul Vapor LLC – Southern District of West Virginia (October 18, 2022)
• Super Vape’z LLC – Western District of Washington (October 18, 2022)
• Vapor Craft LLC – Middle District of Georgia (October 18, 2022)
• Lucky’s Convenience & Tobacco LLC (doing business as Lucky’s Vape & Smoke Shop) – District of Kansas (October 18, 2022)
• Seditious Vapours LLC (doing business as Butt Out) – District of Arizona (October 18, 2022)