WICHITA, Kan. (KSNW) — The United States Department of Justice (DOJ) filed a lawsuit on Thursday against six companies to stop the alleged illegal manufacture and sale of unauthorized vaping products.
One of those companies is Lucky’s Vape Shop in Wichita. The DOJ cites in the lawsuit that the defendants manufactured vape products without U.S Food and Drug Administration (FDA) authorization.
The lawsuit paperwork shows Lucky’s manufactured and sold electronic nicotine delivery system (ENDS) products, including finished “e-liquid.”
Despite receiving warning letters from the FDA, the DOJ says Lucky’s continued to “manufacture, sell and distribute the adulterated and misbranded tobacco products.”
The DOJ says after receiving notice of the need to obtain authorization, Lucky’s did not attempt to obtain FDA authorization for their tobacco products.
KSN News reached out to Lucky’s for comment but received no response.
Court documents show the DOJ alleges in March 2021, the FDA conducted an inspection at one of the Lucky’s locations and found tobacco products that required FDA authorization.
On April 16, 2021, the FDA sent a letter to Lucky’s, saying it had determined the business “manufacture and offer for sale or distribution new tobacco products that lack required FDA authorization, specifically Lucky’s Vape e-liquid products.”
The lawsuit says during a teleconference with Thomas Rogers, one of the owners of Lucky’s, Rogers told the FDA Lucky’s had ceased all manufacturing, to which the FDA requested written response to “memorialize Lucky’s corrective actions.”
The DOJ says the FDA followed up three times, to which Lucky’s never responded.
The lawsuit says another inspection by the FDA in March and April 2022 found that Lucky’s continued to sell the products that lacked FDA authorization.
The lawsuit is requesting a permanent injunction to stop Lucky’s from selling the products.