Liberty Menu, LLC d/b/a Liberty Vapor – FDA Warning Letter, Jun 16, 2020

The FDA Center for Tobacco Products issued a Warning Letter to Brian Santangelo and Matthew Augustine of Liberty Vapor on April 22, 2020, following a review of their website, https://libertyvapor.net. The FDA determined that several e-liquid tobacco products, including Hamilton, Champagne Supernova, Golden Dragon, Liberty Vapor Salts Strawberry, and Liberty Vapor Salts Lime Soda, are manufactured, advertised, and sold in the U.S. and are subject to FDA jurisdiction as tobacco products.

The primary violation identified is that the advertising for these e-liquid products on the website fails to include the required nicotine warning statement: "WARNING: This product contains nicotine. Nicotine is an addictive chemical." This omission renders the products misbranded under section 903(a)(7)(B) of the FD&C Act (21 U.S.C. § 387c(a)(7)(B)) for violating 21 C.F.R. § 1143.3(b), and also misbranded under section 903(a)(7)(A) of the FD&C Act (21 U.S.C. § 387c(a)(7)(A)) because the advertising is considered misleading due to the failure to reveal material facts.

Liberty Vapor is required to immediately correct these violations and ensure all tobacco products, labeling, and advertising comply with the FD&