cigarettes-online.biz – FDA Warning Letter

The FDA issued a Warning Letter to Cigarettes-Online.biz after reviewing its website and determining that cigarette products are offered for sale to U.S. customers. The FDA determined that numerous products listed on the website are "adulterated" under section 902(8) of the FD&C Act (21 U.S.C. § 387b(8)). This is because the company promotes these products as "modified risk tobacco products" without an FDA order permitting such promotion.

Specifically, the website uses descriptors like "extra light," "light," "premium light," "super light," or "ultra light" in product advertising and names for various brands, including Bond, Camel, Chesterfield, Davidoff, Gauloises, Gitanes, Kent, L&M, Lucky Strike, Marlboro, Monte Carlo, Next, Parliament, Viceroy, Vogue, West, and Winston. Under section 911(b)(2) of the FD&C Act (21 U.S.C. § 387k(b)(2)), any tobacco product using such descriptors is considered a "modified risk tobacco product." Section 911(a) of the FD&C Act (21 U.S.C. § 387k(a)) prohibits the introduction or delivery of modified risk tobacco products into interstate commerce without an FDA order under section 911(g).

The FDA