Following yesterday’s (September 10) news that federal officials seized $86.5 million worth of illicit vapes in Chicago, Midwest Goods confirmed that agents from the Food and Drug Administration (FDA) and U.S. Marshals executed a civil seizure warrant at its facilities, targeting more than 75 brands of bottled e-liquids used in refillable vaping devices. The company said it is fully cooperating with authorities.
In a statement, Midwest emphasized that the products cited in the warrant are manufactured in the U.S. by companies employing “hundreds, if not thousands,” of American workers. Many of the e-liquids, the company said, are tied to premarket tobacco product applications (PMTAs) that have been pending with the FDA since as far back as September 2020, despite a statutory requirement for review within 180 days. Midwest noted that the FDA has previously allowed these products to remain on the market during the prolonged review process.
“Midwest has always attempted to work cooperatively with FDA,” the company said in its statement. “After a recent FDA inspection in August, we advised FDA that we had removed from our product catalog and inventory several ENDS products about which FDA inspectors had inquired. We also offered to remove other ENDS products from our product catalog if FDA was concerned about our continuing to offer them for sale. FDA acknowledged receipt of our correspondence, but did not request that we stop selling any other products.”
The company called the enforcement action “troubling,” particularly in light of reports that FDA is preparing to expedite reviews of products tied to larger companies with more recent applications, while seizing long-pending independent products. It pledged to continue cooperating with federal authorities while reserving the right to challenge the seizure in court.
Read the full statement here.
