FDA WARNING_LETTER - Maximum Vapor LLC d/b/a MaxV

The FDA issued a Warning Letter to Steven Hershey regarding e-liquid products sold on squareup.com/store/MaxV, which are deemed tobacco products under the FD&C Act. The inspection revealed a misbranding violation: the MAXV Holy Grail Pineapple Milk e-liquid was sold to a person younger than 18 years of age, with a complimentary MAXV Horse Feathers e-liquid also sent.

This constitutes a violation of 21 C.F.R. § 1140.14(b), which prohibits the sale of covered tobacco products, including e-liquids, to minors. Consequently, the product is misbranded under section 903(a)(7)(B) of the FD&C Act (21 U.S.C. § 387c(a)(7)(B)).

The FDA requires immediate corrective action for this and similar violations across all sales and advertising platforms. 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 and a compliance plan is required within 15 working days, referencing RW1700803.