On September 10, the FDA and U.S. Customs and Border Protection announced they’d just pulled off the largest e-cigarette seizure in U.S. history. The prize haul? Over 4 million unauthorized vape products worth a cool $86 million. Not bad for a week’s work in Chicago.

According to local media, the stash was uncovered inside the warehouse of Midwest Goods, a well-known vape distributor in Bensenville, Illinois. Think “Costco for vapes,” only this time the feds didn’t come to shop.

Midwest Goods: “We Didn’t Do Anything Wrong… And by the Way, FDA’s Playing Favorites”

Midwest Goods quickly fired back with a statement denying any wrongdoing. Their defense:

• Most of the seized products were U.S.-made bottled e-liquids, not the disposable vapes regulators usually go after.
• These products were already submitted for PMTA approval (that’s the FDA’s “permission slip” to sell tobacco products). Trouble is, the FDA has been sitting on those applications for more than five years—despite a legal requirement to decide within 180 days.
• Meanwhile, the FDA seems to be giving Big Tobacco companies the VIP express lane, while smaller players like Midwest Goods are left in regulatory limbo.

The company also stressed that bottled e-liquids for refillable devices aren’t what kids are using. According to CDC’s 2023 survey, fewer than 6% of teen vapers mess with refillable, open-system devices. Translation: “We’re not the problem, guys.”

The Statement in a Nutshell

Midwest’s full response was basically:

• “Yes, the FDA and U.S. Marshals raided us. No, we’re not panicking—we’re cooperating.”
• “Most of our products were legally made by American companies, employing thousands of workers. The only thing illegal here is how long FDA takes to answer emails.”
• “We even pulled products off shelves after FDA’s August inspection, and told them we’d yank more if asked. They never asked.”
• “Funny timing though… the FDA just hinted it’s fast-tracking Big Tobacco’s products—some submitted later than ours. Oh, and Big Tobacco is still happily selling unauthorized disposables while we get raided. Go figure.”

The statement closed with the usual polite-yet-pointed line: “We’ll keep cooperating, but don’t rule out us calling our lawyers.”

The Bigger Picture

This raid is a big deal—not only because of the sheer size of the seizure, but because it shows how the FDA’s vape policy is still a messy battlefield. Small distributors say they’re being squeezed out, while Big Tobacco marches ahead.

And Midwest Goods? They’ve gone from vape warehouse to courtroom contender—whether they like it or not.