E-Cigarette-Mart.com – FDA Warning Letter, Oct 29, 2019

The FDA's Center for Tobacco Products issued a Warning Letter to e-cigarette-mart.com on October 25, 2019, after reviewing their website and determining that e-liquid products, specifically Liqua Pineapple e-liquid, were offered for sale or distribution to U.S. customers. These products are classified as tobacco products under section 201(rr) of the FD&C Act and are subject to FDA jurisdiction.

The primary violation identified was the sale of Liqua Pineapple e-liquid to a person younger than 18 years of age, which constitutes misbranding under section 903(a)(7)(B) of the FD&C Act. This violates 21 C.F.R. § 1140.14(b), which prohibits retailers from selling covered tobacco products, including e-liquids, to minors.

The FDA requires immediate correction of this violation and similar issues, ensuring all tobacco products and related labeling/advertising comply with the FD&C Act and FDA regulations. Failure to comply may result in civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, and/or injunction. Adulterated and misbranded products imported into the U.S. are subject to detention. A written response detailing corrective actions, including discontinuation dates and a compliance plan, is required within 15 working days.