Feds sue vape shops in six states, including one in Wichita, alleging illegal products

Vape shops in six states — including one in Wichita — are being sued by the Department of Justice for allegedly selling illegal vaping products.

In a lawsuit filed on Monday the DOJ alleges that the six businesses “illegally manufacture and sell electronic nicotine delivery systems (ENDS) products, including finished ‘E-liquids,’ or liquids that contain nicotine and colorings,” according to a news release from the DOJ.

ENDS, often referred to as E-cigarettes or vapes, are “non-combustible battery-operated devices that heat a liquid to produce an aerosol, composed of nicotine and various other chemicals, which is inhaled by the user through a mouthpiece,” the FDA website says.

The businesses sold the products after they received notice they needed to obtain FDA marketing authorizations but failed to do so, according to the release.

“The defendants [businesses] did not attempt to obtain FDA authorization for their tobacco products at issue,” the release says.

The businesses named in the suit:

  • Lucky’s Convenience & Tobacco in Wichita, owned by Kevin H. Nguyen and Thomas Rogers

  • Seditious Vapours in Phoenix, Arizona, owned by Matthew D. Berger

  • Vapor Craft in Columbus, Georgia, owned by Melissa D. Anderson

  • Morin Enterprises with multiple locations in Minnesota, owned by Kevin Morin

  • Super Vapez in Lakewood, Washington, owned by Marco and Heydee Hoffman along with general manager Judith A. Cramer

  • Soul Vapor in Princeton, West Virginia, owned by Aurelius Jeffrey

Nguyen and Rogers got their start in the business back in 2013 after Nguyen visited family in California and saw the industry explode there, according to previous Eagle reporting. They opened Lucky’s Convenience & Tobacco and quickly expanded with other shops.

Nguyen could not immediately be reached for comment on Thursday.