Cigar Hookah and Beyond LLC – FDA Warning Letter, Feb 11, 2020

The FDA Center for Tobacco Products issued a Warning Letter to Tarek Jarkas and Sama Latif after reviewing their website, https://cigarnbeyond.com, which advertises and sells e-liquid products in the United States. The FDA determined these e-liquids are tobacco products under section 201(rr) of the FD&C Act. The primary violation identified was the failure of the website's advertising for several e-liquid products, including examples like Shijin Vapor Baked Goods Apple Pie, to include the required nicotine warning statement, "WARNING: This product contains nicotine. Nicotine is an addictive chemical," as mandated by 21 CFR 1143.3(b). This deficiency renders the e-liquid products misbranded under two sections of the FD&C Act: 903(a)(7)(B) for violating regulations prescribed under section 906(d), and 903(a)(7)(A) because the advertising is considered false or misleading due to the omission of material facts. The company is required to immediately correct these violations and ensure all tobacco products, labeling, and advertising comply with the FD&C Act and FDA regulations across all platforms. A written response detailing corrective actions, dates of discontinuance, and a compliance plan must be submitted within 15 working days. Failure to comply could lead to severe enforcement actions, including civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, injunction, and import refusal.