Consent Decree of Permanent Injunction Entered Against E-Cigarette Manufacturer

This action is part of the FDA’s increased coordination with federal partners.

June 17, 2024

On June 12, 2024, the United States District Court for the District of Colorado entered a consent decree of permanent injunction against Boosted LLC (who also does business as Boosted E-Juice, Boosted, and Live Boosted) and Cory Vigil, owner of Boosted LLC, the FDA said in a statement.

The consent decree prohibits Boosted LLC and Vigil from manufacturing, selling or distributing any new tobacco products until they meet certain requirements.

According to the complaint filed by the U.S. Department of Justice (DOJ) on FDA’s behalf, defendants were previously warned they were in violation of the Federal Food, Drug and Cosmetic Act’s (FD&C Act) premarket review requirements for manufacturing, selling and distributing new tobacco products by failing to first obtain marketing authorization from FDA.

To avoid litigation, the defendants, Boosted LLC, signed a consent decree, which is a written agreement signed by a federal judge and entered as a court order. Under the consent decree, the defendants have agreed not to manufacture, sell or distribute any new tobacco products until they meet certain requirements.

According to the agency’s statement, these requirements include that the new tobacco products receive FDA marketing authorization, that FDA inspect the defendants’ facilities to determine compliance with the law and that FDA notify defendants in writing that they appear to be in compliance with the law.

The FDA said this is the eighth time FDA and DOJ have initiated injunction proceedings, the first of which occurred in October 2022, to enforce the FD&C Act’s premarket review requirements for new tobacco products.

This action is part of FDA’s comprehensive approach to enforcing the law in coordination with federal partners. This month, the FDA and DOJ announced they created a federal multi-agency task force that is focused on combatting the illegal distribution and sale of e-cigarettes.

On Wednesday, June 12, U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, held a hearing on the sale of unauthorized e-cigarettes.

Prior to the hearing, NACS sent a letter to Chairman Durbin and Ranking Member Lindsey Graham, expressing its gratitude for holding this hearing and specifying its aim to work with Congress in cleaning up and enforcing the e-cigarette market.