Business Trading Company LLC, d/b/a Vapor Tonics – FDA Warning Letter, Mar 13, 2025

The FDA's Center for Tobacco Products issued a Warning Letter to Business Trading Company LLC, d/b/a Vapor Tonics, on March 13, 2025, following a review of inspection records. The company manufactures, sells, and/or distributes e-liquid products, which are classified as tobacco products under section 201(rr) of the FD&C Act, especially after the March 15, 2022, amendment expanding jurisdiction to products with nicotine from any source.

The primary violation identified is the marketing of "new tobacco products" without required premarket authorization. Specifically, the e-liquid product "Snozzberry" was cited as a new tobacco product not commercially marketed in the U.S. as of February 15, 2007, and lacking FDA marketing authorization. This renders the product adulterated under section 902(6)(A) and misbranded under section 903(a)(6) of the FD&C Act due to the absence of required notice or information under section 905(j).

The letter emphasizes the company's responsibility to ensure all tobacco products, labeling, and advertising comply with the FD&C Act and FDA regulations. Failure to address these violations may result in regulatory actions, including civil money penalties, seizure, and/or injunction. The company is required to submit a written response within 15 working days detailing