Atom Vapes Llc – FDA Warning Letter

The FDA Center for Tobacco Products issued a Warning Letter to Ahsan Qadir after reviewing the website http://www.atomvapes.com, determining that Atom Eliquid Scream Brulee e-liquid is a tobacco product under section 201(rr) of the FD&C Act. The product was found to be misbranded under section 903(a)(7)(B) of the FD&C Act because the firm sold it to a person younger than 18 years of age. This sale constitutes a violation of 21 C.F.R. § 1140.14(b), which prohibits retailers from selling covered tobacco products to minors. The letter emphasizes that tobacco products are misbranded if sold in violation of regulations prescribed under section 906(d) of the FD&C Act, including those in 21 C.F.R. Part 1140. The FDA requires immediate correction of this violation and similar issues to ensure full compliance with the FD&C Act. A written response detailing corrective actions, including dates of discontinued violative sales and a plan for sustained compliance, must be submitted within 15 working days. Failure to comply may result in further FDA enforcement actions, such as civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, and injunction.