FDA WARNING_LETTER - Trivett Sales

The FDA Center for Tobacco Products issued a Warning Letter to Trivett Sales, based on a review of their affiliated websites: snappycigars.com, best-price-wholesale.com, and eztobacco.com. The FDA determined that the company offers cigarette tobacco and roll-your-own tobacco products for sale in the U.S., despite some being labeled as "pipe tobacco" but promoted for cigarette use. The letter identifies two primary violations. First, several products are adulterated under 21 U.S.C. § 387b(8) because they are modified risk tobacco products (using descriptors like "mild" or "extra mild") sold without an FDA order, as required by 21 U.S.C. § 387k(a). Second, numerous flavored cigarette tobacco and roll-your-own tobacco products (e.g., mint, cherry, whiskey, vanilla, rum) are offered for sale, rendering them adulterated under 21 U.S.C. § 387b(5) due to violating the characterizing flavor prohibition in 21 U.S.C. § 387g(a)(1)(A). If these products do not actually contain characterizing flavors, they are misbranded under 21 U.S.C. § 387c(a)(1) or § 387c(a)(7)(A) for false or misleading labeling/advertising. Trivett Sales must immediately correct these violations and submit a written response within 15 working days detailing corrective actions, including discontinuing violative sales and a compliance plan. Failure to comply may result in further FDA actions, such as civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, or injunction.