FDA WARNING_LETTER - Capi Vape

The FDA's Center for Tobacco Products issued a Warning Letter to Capivape.com after reviewing their website and determining that their e-liquid products are offered for sale or distribution in the U.S. The FDA classifies these e-liquids as tobacco products under section 201(rr) of the FD&C Act.

The primary violation identified was the sale of Bazooka Sour Straws – Watermelon e-liquid to a person younger than 18 years of age, which constitutes misbranding under section 903(a)(7)(B) of the FD&C Act. This violates 21 C.F.R. § 1140.14(b), which prohibits the sale of covered tobacco products, including e-liquids, to minors.

Capivape.com is required to immediately correct this violation and similar issues, ensuring all tobacco products and related advertising comply with the FD&C Act and FDA regulations. Failure to comply may result in civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, and/or injunction. A written response detailing corrective actions, including discontinuation dates of violative sales/advertising and a compliance plan, must be submitted within 15 working days.