Month: June 2024

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Court Orders Colorado e-Cigarette Maker to Stop Selling Unauthorized Vaping Products

Source: United States Department of Justice Criminal Division

A federal court on June 11 enjoined a Colorado company and its owner from manufacturing, distributing or selling unauthorized vaping products.

In a complaint filed on June 6, in the U.S. District Court for the District of Colorado, the government alleged that Boosted LLC, also known as Boosted E-Juice, and its owner, Cory Vigil, violated the Federal Food, Drug and Cosmetic Act by introducing or delivering for introduction into interstate commerce adulterated and misbranded tobacco products. According to the complaint, the defendants manufactured and sold electronic finished nicotine delivery systems (ENDS) products, including finished e-liquids. The complaint alleged that the Food and Drug Administration (FDA) warned the defendants that their products, including flavored e-liquids sold as “Dragon Fruit Coconut Milkshake,” “Horchata Milkshake” and “Raspberry Milkshake,” were adulterated and misbranded because they lacked the required marketing authorization order from FDA. The government also alleged that despite repeated FDA written warnings, the defendants continued to illegally sell their flavored e-liquid products online.

The defendants agreed to settle the lawsuit and be bound by a consent decree of permanent injunction. The order entered by the court permanently enjoins the defendants from directly or indirectly manufacturing, distributing, selling, and/or offering for sale any new tobacco product that has not received marketing authorization from FDA. The court also ordered the defendants to destroy ENDS products in their custody, control, or possession.

The injunction against Boosted is the first enforcement action finalized since the Justice Department and FDA announced the creation of a federal multi-agency task force to combat the illegal distribution and sale of e-cigarettes. To date, the FDA has authorized the sale of 23 specific tobacco-flavored e-cigarette products and devices. These are the only e-cigarette products that currently may be lawfully marketed and sold in the United States.

“The illegal distribution of unauthorized vaping products poses a serious public health threat, particularly to youth,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department will use all available criminal and civil authorities to bring new enforcement actions in coordination with our task force partners.”

“Those who disregard the law are responsible for the consequences, and today’s action is further demonstration of FDA working with our federal partners to hold those who break the law accountable,” said Director Brian King, Ph.D., M.P.H., of FDA’s Center for Tobacco Products (CTP). “This latest action brought by the FDA and DOJ shows how we’re taking an ‘all government’ approach toward addressing illegal e-cigarettes in this country.”

Trial Attorney Michael J. Murali of the Civil Division’s Consumer Protection Branch handled the case, with assistance from Assistant Chief Counsel Sarah Rosenberg of FDA’s Office of the Chief Counsel.

Additional information about the Consumer Protection Branch and its enforcement efforts can be found at www.justice.gov/civil/consumer-protection-branch.

Claims made in a complaint are allegations that, if a case were to proceed to trial, the government would be required to prove by a preponderance of the evidence.

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Defense News: Mass Casualty Exercise Increases Medical Readiness, BALTOPS 24

Source: United States Navy

The amphibious assault ship USS Wasp (LHD 1), the San Antonio-class amphibious transport dock ship USS New York (LPD 21), the Royal Netherlands Navy Rotterdam class landing platform dock ship HNLMS Johan de Witt (L 801), the Spanish Navy aircraft carrier Juan Carlos I (L 61), and the 24th Marine Expeditionary Unit (MEU) Special Operations Capable (SOC) conducted a simulated mass casualty event to exercise medical readiness, response and interoperability demonstrating coordination and cohesiveness across the joint and Allied force.

The drill allowed the ships’ medical teams to practice the type of medical readiness critical for sustaining operations in theater, and showcased their ability to provide a higher echelon of care to Sailors and Marines, regardless of nationality.

It began with several role players simulating injuries aboard the Johan de Witt and the New York. Once the medical teams on board determined a need for a higher echelon of care, the ships walked through the process of conducting medical evacuation (MEDEVAC) flights to Wasp and Juan Carlos I, respectively, although no aircraft were used to physically transfer patients from one ship to another.

On board Wasp in the Kattegat Straits, “This is drill, this is a drill. Medical emergency, medical emergency inbound to the flight deck,” the call sounded over the ships announcing system, warning the crew of an inbound casualty. “Personnel in the vicinity, draw first aid supplies and render aid. Away the medical response team; stretcher-bearers lay to the scene!”

Role players with realistic makeup and prosthetics lay on stretchers on the flight deck, pretending to be the patients sent from Johan de Witt. Within minutes, stretcher-bearers and initial responders arrived and began initial medical interventions, such as checking patients for injuries that may prevent them from being moved and ensuring no further injuries occurred during the simulated transfer. Once the team determined all patients could be moved without harm, the stretcher-bearers carefully lifted their charges and descended the ramp from the flight deck down to ship’s medical triage for the second portion of the drill.

With practiced ease, the medical team in triage received patients in an orderly fashion, assessed injuries, and transported patients to operating rooms for intensive care as the drill progressed.

The drill overall represented the transition between “Role 1” and “Role 2” echelons of care in a maritime environment.

“As a Role 2 care ship, Wasp’s ability to provide medical services to patients is second only to the Military Sealift Command hospital ships, USNS Mercy and USNS Comfort,” said Cmdr. John Roman, Wasp’s senior medical officer,

The term “Role” or “Echelon” is used to describe the classification of the four tiers in which medical support is organized. Care begins at Role 1 with first responder (self-aid/buddy aid and combat lifesaver), rapidly progresses through Tactical Combat Casualty Care (TCCC) and advanced trauma management, to stabilizing surgery. The final echelon, or Role 4, involves transporting the patient to a higher form of critical care, usually received at a land-based hospital facility.

“The Wasp’s primary [medical] mission is to connect patients from lower echelons of care to higher,” said Roman. “Our incredible medical team is highly trained and highly capable of sustaining the continuum of care for any patient we treat.”

BALTOPS 24 has two Role 2 care ships participating in this year’s exercise: Wasp and Juan Carlos I. Role 2 care provides advanced trauma management and emergency medical treatment including continuation of resuscitation started in Role 1. Ships with this ability can receive patients and provide basic secondary healthcare, which includes primary surgery, an intensive care unit, and availability of ward beds.

Wasp’s medical team, supplemented by the embarked Fleet Surgical Team 4, is able to stabilize post-surgical cases for evacuation to Role 3 or Role 4 facilities without having to route them through an intermediate facility. Role 4 care takes place when a patient either needs care from specialized staff, or care for more extended periods of time than are sustainable at sea.

“There’s a saying in operational medicine,” said Roman. “‘You have to work with what you’ve got.’ When what you’ve got is the Wasp, you’ve got a lot to work with.”

Wasp is underway in the Baltic Sea in support of BALTOPS 24 as the flagship of the Wasp Amphibious Ready Group and embarked 24th MEU (SOC). BALTOPS is an annual, multinational exercise designed to enhance interoperability and demonstrate NATO- and partner-force resolve to defend the Baltic region. The exercise will test the flexibility of joint forces in order to strengthen the combined capabilities necessary for immediate maritime crisis response and regional stability.

You can follow USS Wasp’s adventures on Facebook and Instagram (@usswasp_lhd1)

To learn more about WASP ARG and 24th MEU “Team of Teams,” visit their DVIDS feature page at https://www.dvidshub.net/feature/wasparg24thmeu.

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Defense News: SECNAV Names Ship in Honor of Narragansett Tribe of Rhode Island

Source: United States Navy

WASHINGTON – Secretary of the Navy Carlos Del Toro announced today that a future Navajo-class Towing, Salvage, and Rescue (T-ATS) ship will be named USNS Narragansett in honor of the Narragansett Indian Tribe of Rhode Island, June 18.

Secretary Del Toro made the announcement on the 90th Anniversary of the Indian Reorganization Act.

The Indian Reorganization Act, signed by President Franklin D. Roosevelt, was aimed at decreasing Federal control of Native American Indian Affairs. The Act presented a major reversal of federal policy toward Native Americans and provided them greater control over their lands, allowing the formation of legally recognized tribal governments and decreasing pressure toward assimilation.

The naming selection of the future USNS Narragansett (T-ATS 14) follows the tradition of the Navajo-class of naming towing, salvage and rescue ships after prominent Native Americans or Native American tribes. Secretary Del Toro has previously named three Navajo-class ships: USNS Billy Frank Jr., USNS Solomon Atkinson, and USNS James D. Fairbanks.

“Native Americans have been integral to the history of our Nation; however, historically, the rights of Native Americans have been drastically impacted in negative ways,” said Secretary Del Toro. “Today, on the 90th Anniversary of the Indian Reorganization Act, I am honored to announce the name of our newest Navajo-class T-ATS, the future USNS Narragansett (T-ATS 14).” 

Prior to European contact, the Narragansett were a powerful Algonquian-speaking warrior tribe that occupied most of present-day Rhode Island from the Narragansett Bay in the east to the Pawcatuck River in the West. They first encountered European explorers in the 1520s when Giovanni de Verrazano visited the region and provided land to Roger Williams in 1636 to establish the settlement of Providence.

Increasing tensions with colonists led the Narragansett tribe to unite with other tribes during King Philip’s War. Their territory was gradually reduced to a 15,000-acre reservation and the Narragansett people were officially recognized by the federal government as the Narragansett Indian Tribe in April 1983.

There are currently approximately 2,400 members of the Narragansett Indian Tribe living primarily in Rhode Island. Five naval vessels have been named in honor of the Narragansett people: a screw sloop (1859-1875), a troop transport (SP 2196) (1918-1919), a ferry boat (YFB 1163) (1918-1944), a fleet tug (AT 88) (1943-1946), and a fleet ocean tug (T-ATF 167) (1979-2002).

Navajo-class ships will provide ocean-going tug, salvage, and rescue capabilities to support Fleet operations. The current capabilities are provided by Powhatan-class T-ATF Fleet Tugs and Safeguard-class T-ARS Rescue and Salvage vessels. Navajo-class ships will be capable of towing U.S. Navy ships and will have 6,000 square feet of deck space for embarked systems.

More information on our towing, salvage, and rescue ship programs can be found here.

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Justice Department Finds Alaska Discriminates Against Voters with Disabilities

Source: United States Department of Justice Criminal Division

The Justice Department announced today its findings that Alaska violated Title II of the Americans with Disabilities Act (ADA) by failing to provide an accessible ballot for in-person voting, selecting inaccessible polling places for federal, state and local elections and maintaining an inaccessible elections website. The ADA requires that states’ voting services, programs and activities be accessible to individuals with disabilities.  

“For too long, people with disabilities have been denied the fundamental rights and freedoms that citizens of our democracy possess, including the opportunity to fully participate in the voting process,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is fully committed to enforcing the ADA to make sure that individuals with disabilities have an equal opportunity to vote, including by voting privately and independently like everyone else.”

“Voting is a fundamental right for all American citizens and ensuring they have full access to the election process is a hallmark of our democracy,” said U.S. Attorney S. Lane Tucker for the District of Alaska. “The U.S. Attorney’s Office will continue to collaborate with the Justice Department’s Civil Rights Division to work toward accessibility in voting for all Alaskans.”

The department opened its investigation in response to complaints from individuals with disabilities in Alaska alleging accessibility issues. Voters with disabilities reported that they could not vote privately and independently because accessible voting machines were unavailable or did not work, that they encountered inaccessible polling places and that they could not obtain key election information on the state’s election website. Following an investigation, in a public letter of findings issued to Alaska, the department detailed its findings and asked the state to resolve the identified civil rights violations. The findings include the state’s failure to provide functional accessible voting machines, to provide polling places without physical barriers, such as muddy parking lots or steps, that allow voters with disabilities to vote in person and to ensure the accessibility of its website where voters with disabilities can obtain election information, including voter registration forms, candidate statements and voting dates and polling place locations.   

The Alaska investigation is part of the department’s ADA Voting Initiative, which focuses on protecting the voting rights of individuals with disabilities across the country. More information about voting and elections is available on the Justice Department’s website at www.justice.gov/voting. For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 1-800-514-0301 (TTY 1-833-610-1264) or visit www.ada.gov. If you believe you have been discriminated against based on disability, please submit a report online at www.civilrights.justice.gov.

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Justice Department Files Statements of Interest in Two Voting Access Lawsuits

Source: United States Department of Justice Criminal Division

The Justice Department today announced that it has filed statements of interest in federal courts in Ohio and Alabama to promote the correct and uniform interpretation of voting laws guarding the rights of voters with disabilities. The statements of interest are part of the Justice Department’s continuing nationwide efforts to ensure that the voting rights of all individuals, including people with disabilities, are protected.

“No voter should be denied access to the ballot based on a disability,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The right to vote is fundamental to our democracy, and the Justice Department will take action to safeguard that right for all eligible voters, including those with disabilities who need assistance casting absentee ballots.”

Private plaintiffs brought lawsuits in Ohio (League of Women Voters of Ohio v. LaRose) and Alabama (Alabama State Conference of the NAACP v. Marshall) challenging state laws that restrict how voters with disabilities may receive assistance, or from whom they may receive assistance, in casting an absentee ballot. The Justice Department’s statements of interest confirm that Section 208 of the Voting Rights Act permits voters with disabilities who require assistance to receive that assistance from any person they choose, so long as that person is not an agent of the voter’s employer or union. Allowable assistance includes all action necessary to make their vote effective, including casting an absentee ballot. The department’s statement of interest in Ohio also affirms that Title II of the Americans with Disabilities Act (ADA) requires public entities provide equal opportunities to vote absentee and allows voters with disabilities to use an assistor of their choice as a reasonable modification.

“Every Ohio resident, disabled or not, has a fundamental right to vote. Ohio residents with disabilities should have the access and assistance they need to exercise that basic right of citizenship,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “The Americans with Disabilities Act ensures that individuals with disabilities are provided reasonable modifications to undertake their ability to vote. Our office will continue its work to secure the ADA’s protections for Ohio’s residents.”

“Every citizen has the right to vote without discrimination and to have that vote counted in a fair and free election,” said U.S. Attorney Prim Escalona for the Northern District of Alabama. “It is important that those who have specific information about voter discrimination make that information available to my office, the FBI or the Civil Rights Division. The Justice Department will always work tirelessly to protect the integrity of the election process.”

More information about voting and elections is available on the Justice Department’s website at www.justice.gov/voting. More information about the ADA and the Justice Department’s enforcement of the rights of people with disabilities is available at www.ada.gov. To learn more about the Civil Rights Division visit www.justice.gov/crt and to report possible violations of federal voting rights laws go to www.civilrights.justice.gov or call toll-free at 800-253-3931.