DOJ files lawsuit against Wichita vape store, cites illegal sales

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WICHITA, Kan. (KSNW) – The United States Department of Justice (DOJ) on Thursday filed a lawsuit against six companies to stop the alleged illegal manufacture and sale of unlicensed vaping products.

One such business is Lucky’s Vape Shop in Wichita. The DOJ cites in the lawsuit that the defendants manufactured vaping products without authorization from the United States Food and Drug Administration (FDA).

The lawsuit documents show electronic nicotine delivery system (ENDS) products manufactured and sold by Lucky, including the finished “e-liquid.”

Despite receiving warning letters from the FDA, the DOJ says Lucky’s continued to “manufacture, sell and distribute adulterated and mislabeled tobacco products.”

The DOJ says that after receiving notice of the need for clearance, Lucky’s did not attempt to seek FDA clearance for its tobacco products.

KSN News contacted Lucky’s for comment but received no response.

Court documents show that the DOJ alleges that in March 2021, the FDA conducted an inspection at one of Lucky’s sites and found tobacco products that required FDA clearance.

On April 16, 2021, the FDA sent a letter to Lucky’s, stating that it had determined that the company “manufactures and offers for sale or distribution new tobacco products that do not have the required clearance for the FDA, in particular Lucky’s Vape e-liquid products”.

The lawsuit says that in a teleconference with Thomas Rogers, one of Lucky’s owners, Rogers told the FDA that Lucky had ceased all manufacturing, to which the FDA requested a written response to “remember the corrective actions of Luck”.

The DOJ says the FDA followed up three times, to which Lucky never responded.

The lawsuit says another FDA inspection in March and April 2022 found that Lucky’s continued to sell the products without FDA clearance.

The lawsuit seeks a permanent injunction to stop Lucky’s from selling the products.


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