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FDA Takes Makers of Illegal E-cigarettes Products to Court

For the first time, the Food and Drug Administration (FDA) sought court action to stop makers of illegal, or unreviewed and unauthorized e-cigarette products, from making and selling e-cigarette products. The Department of Justice (DOJ), on behalf of the U.S. Food and Drug Administration, asked for a permanent injunction in federal district courts against six e-cigarette manufacturers.


Each of the six named e-cigarette companies had previously received warning letters from FDA noting that their products were not authorized and directing the company to remove their products from the market. The six named companies are relatively small manufacturers and do not have large share of adult or youth e-cigarette market.


This week’s action is the first time FDA, through the Department of Justice, has taken the next step to seek legal action against makers of unauthorized and illegal e-cigarette products. In responding to the action taken by FDA and the Department of Justice, Hasmeena Kathuria MD – chair of the ATS Tobacco Action Committee noted, “While the ATS commends the DOJ’s and FDA’s for taking a decisive step, we note that both agencies have not yet taken direct legal action against the most popular brands that are driving youth tobacco use. We hope this is the first of many legal actions taken against makers of illegal tobacco products.”

Last Reviewed: November 2022