Little Town Vaping d/b/a Swamp Vapor Lafayette – FDA Warning Letter

The FDA Center for Tobacco Products issued a Warning Letter to Gerri Simon and Brenda Neaville-Simon of Swamp Vapor, LLC, following a review of their website, http://www.swampvapor.mybigcommerce.com. The FDA determined that their e-liquid products, specifically Swamp Vapor Vanilla Hazelnut e-liquid, are tobacco products under section 201(rr) of the FD&C Act.

The primary violation identified was the sale of Swamp Vapor Vanilla Hazelnut 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 (21 U.S.C. § 387c(a)(7)(B)). This violates 21 C.F.R. § 1140.14(b), which prohibits retailers from selling covered tobacco products, including e-liquids, to minors.

The letter requires immediate correction of this violation and similar issues, 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 and a compliance plan is required within 15 working days.