KingPin Cigarettes, Inc. d/b/a Blackhat Vapor Company – FDA Warning Letter, Dec 10, 2019

The FDA Center for Tobacco Products issued a Warning Letter to Glen Newman concerning e-liquid products advertised and sold on blackhatcigs.com. The FDA determined these e-liquids are tobacco products under the FD&C Act. The letter identifies two primary violations, both resulting in misbranding under section 903(a)(7)(B) of the FD&C Act (21 U.S.C. § 387c(a)(7)(B)). First, the firm sold Glas Basix - Cinnamon Sweet Sugar Cookie e-liquid to a person younger than 18 years of age, violating 21 C.F.R. § 1140.14(b). Second, the website advertising for an e-liquid product, such as Glas Basix - Cinnamon Sweet Sugar Cookie, failed to include the required nicotine warning statement, a violation of 21 C.F.R. § 1143.3(b). The FDA mandates immediate correction of these and similar violations, ensuring all tobacco products, labeling, and advertising comply with the FD&C Act and implementing regulations. A written response detailing corrective actions, discontinuation dates, and a compliance plan is required within 15 working days. Non-compliance could lead to severe consequences, including civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, or injunction.