MDM Group Inc. d/b/a Eliquidstop.com – FDA Warning Letter, May 31, 2023

On May 31, 2023, the FDA issued a Warning Letter to Bryant Teongnoi regarding the sale and distribution of unauthorized electronic nicotine delivery system (ENDS) products on eliquidstop.com. The FDA's review of the website and inspection records determined that "Puff" ENDS products, specifically Puff Flow Kiwi Strawberry and Puff Plus Straw Watermelon, advertised as containing non-tobacco nicotine, were offered for sale to U.S. consumers.

These products are classified as "new tobacco products" under section 201(rr) of the FD&C Act because they were not commercially marketed in the U.S. as of February 15, 2007, and contain nicotine from any source. The FDA found that these products lack the required premarket authorization order under section 910(c)(1)(A)(i) of the FD&C Act, rendering them adulterated under section 902(6)(A) and misbranded under section 903(a)(6) of the FD&C Act.

The letter mandates a written response within 15 working days detailing actions taken to address the violations, including discontinuation of sales and a plan for future compliance. Failure to comply may result in regulatory actions such as civil money penalties, seizure, or injunction.