FDA WARNING_LETTER - AJ Cigarettes

The FDA's Center for Tobacco Products reviewed www.ajcigarettes.com and determined that Black Bat Vanilla Mint Filter King (Flip Top) cigarettes are offered for sale to U.S. customers. These products are subject to FDA jurisdiction as tobacco products.

The FDA found these cigarettes to be adulterated under section 902(5) of the FD&C Act (21 U.S.C. § 387b(5)) because they are purported to contain an artificial or natural characterizing flavor (vanilla mint), which is prohibited in cigarettes by section 907(a)(1)(A) of the FD&C Act (21 U.S.C. § 387g(a)(1)(A)) as of September 22, 2009. Alternatively, if the products do not contain a characterizing flavor, they are misbranded under section 903(a)(1) of the FD&C Act (21 U.S.C. § 387c(a)(1)) due to false and misleading labeling.

The company must immediately correct these violations and ensure all tobacco products comply with the FD&C Act. Failure to comply may result in civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, and/or injunction. Adulterated and misbranded tobacco products are also subject to detention and refusal of admission into the U.