Cigees – FDA Warning Letter

The FDA's Center for Tobacco Products issued a Warning Letter to Cigees.com after reviewing their website and determining that e-liquids offered for sale are tobacco products under the FD&C Act. The specific violation identified was the sale of "CE5 Chocolate E-Liquid 10ml Bottle" to a person younger than 18 years of age, which constitutes misbranding under section 903(a)(7)(B) of the FD&C Act (21 U.S.C. § 387c(a)(7)(B)). This sale violates 21 C.F.R. § 1140.14(b), which prohibits retailers from selling covered tobacco products, including e-liquids, to individuals under 18. The FDA defines "covered tobacco product" to include e-liquids. Cigees.com is required to immediately correct this violation and any similar ones, ensuring all tobacco products and related advertising comply with the FD&C Act and FDA regulations. Failure to comply may result in further FDA actions, including civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, and/or injunction. A written response detailing corrective actions, including discontinuation dates and a compliance plan, is required within 15 working days.