Long Beach Cigars and Tobacco – FDA Warning Letter

The FDA Center for Tobacco Products issued a Warning Letter to Mr. Patel of LBCigarandTobacco.com after reviewing their website and determining that smokeless tobacco products, including Copenhagen, Kodiak, and Skoal, were being distributed and offered for sale in the U.S. without required health warning labels.

The FDA found these products to be misbranded under sections 903(a)(1) and/or 903(a)(7)(A) of the FD&C Act because the website failed to include any health warning statements related to smokeless tobacco. This violates Section 3(b) of the Comprehensive Smokeless Tobacco Health Education Act of 1986, which mandates specific health warnings for smokeless tobacco advertisements. Additionally, the letter noted the requirement for quarterly rotation of warning label statements on advertising, in accordance with an FDA-approved plan.

The letter requires immediate correction of these violations and similar issues, ensuring all tobacco products, labeling, and advertising comply with the FD&C Act. Failure to comply may result in civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, and/or injunction. A written response detailing corrective actions, including dates of discontinued violative activities and a plan for maintaining compliance, is required within 15 working days.