Pierce County e-cigarette chain made illicit vape juice in house, ignored FDA, DOJ says
A Pierce County e-cigarette retail chain allegedly manufactured and sold nicotine products without federal authorization, then ignored repeated warnings from the Food and Drug Administration to stop, according to a lawsuit filed in federal court in Tacoma on Tuesday.
Lakewood-based Super Vape’z LLC, which operates stores in unincorporated areas in Spanaway and near Puyallup, is registered with the FDA to manufacture more than 700 products, according to the lawsuit. But the company allegedly ran afoul of the law when it started mixing vape juices, or e-liquids — typically a combination of nicotine, coloring, flavoring and other ingredients — and selling them without evaluation by the FDA.
A representative from the company did not immediately respond to a request for comment from The News Tribune. The company is owned by Marco Hoffman and Heydee Hoffman, according to a news release.
In the first lawsuits of their kind, the federal government filed to block Super Vape’z and five other U.S. retailers from making and selling unapproved nicotine products, according to a news release. Each received warnings from the FDA and did not attempt to obtain authorization.
To receive approval from the FDA, e-cigarette manufacturers must show that marketing new tobacco products would protect public health. Regulators consider exposure to chemicals, potential use by young people and the benefit to traditional tobacco smokers.
Super Vape’z is involved in interstate commerce because it receives flavoring from California and nicotine from Arizona, according to the lawsuit.
In a statement, U.S. Attorney for the Western District of Washington Nick Brown also alleged Super Vape’z sold nicotine products to minors.
“Not only were the Super Vape’z shops selling potentially adulterated tobacco products, they sold vapes to underage kids,” Brown said in a news release. “The owners were told repeatedly that they needed to obtain FDA approval for their tobacco products, but they refused to take that step. The Department of Justice is filing suit to protect the public.”
During a 2019 interview with The News Tribune, Marco Hoffman criticized an executive order from Gov. Jay Inslee that temporarily banned the sale of flavored vape products.
“We hoped that it could have been a better or safer alternative to selling cigarettes. No one in all these years has had any issues with our e-liquid. We’re a manufacturer. We’re registered with the FDA, and all of my ingredients have been uploaded to the FDA,” Hoffman said during the interview.
The FDA first inspected the company’s Puyallup-area facility in late March 2021 and told Marco Hoffman in early April that Super Vape’z was manufacturing and selling products without required approvals.
The warning letter mentioned one product in particular: an apple mango-flavored vape juice.
Hoffman replied to the FDA in mid-April, saying Super Vape’z removed and discontinued the product, according to a news release. The FDA clarified in follow-up communications that the apple mango product was only an example of one unauthorized product and that the company had not adequately addressed its violations.
The FDA returned to the Puyallup Super Vape’z site this April and discovered continued violations, according to a news release.
The federal lawsuit seeks a permanent injunction against Super Vape’z and asks for permission for the FDA to inspect its business operations. The cost of the inspections, as well as the lawsuit, would be paid by the e-cigarette retailer.
“Today’s enforcement actions represent a significant step for the FDA in preventing tobacco product manufacturers from violating the law,” said Brian King, director of the FDA’s Center for Tobacco Products, in a statement. “The FDA is committed to acting swiftly when we are made aware of these violations. We will not stand by as manufacturers repeatedly break the law, especially after being afforded multiple opportunities to comply.”