JGT Tobacco Company, Inc. / Cousins Distributing, Inc. – FDA Warning Letter

The FDA Center for Tobacco Products issued a Warning Letter to Mr. Bernheim and Ms. Vernasco regarding the sale and distribution of cigarette and roll-your-own tobacco products on multiple websites, including http://www.justgoodtobacco.com and http://yhst-140088619863136.stores.yahoo.net.

The FDA determined that products like "Natural Blue American Blend / Just Good Tobacco Unmanufactured American Blue" meet the definitions of "cigarette tobacco" and/or "roll-your-own tobacco" under sections 900(4) and 900(15) of the FD&C Act, based on their presentation with accessories like machines, shredders, and tubes, and explicit statements about making cigarettes.

The primary violation is that these products are considered "modified risk tobacco products" under section 911(b)(2)(A)(ii) and (i) of the FD&C Act because they are advertised with claims of "lower in nicotine content." Selling or distributing such products without an FDA order in effect under section 911(g) renders them adulterated under section 902(8) of the FD&C Act.

The letter requires immediate correction of these violations and similar issues across all sales and advertising platforms. Failure to comply may result in civil money penalties, no-tobacco-sale orders, criminal prosecution,