FDA WARNING_LETTER - New Hampshire Cigars, LLC

On December 16, 2016, the FDA's Center for Tobacco Products issued a Warning Letter to NHCigars.com after reviewing their website and determining they offered e-liquid and cigar products for sale in the U.S. These products, including "Ecto Sweet Fishies e-liquid" and "Acid Blondie Belicoso Single Cigar," are classified as tobacco products under section 201(rr) of the FD&C Act.

The FDA's investigation revealed that NHCigars.com sold these products to a person younger than 18 years of age, which constitutes a violation of 21 C.F.R. § 1140.14(b). This regulation prohibits the sale of covered tobacco products, including e-liquids and cigars, to minors. Consequently, the products were deemed misbranded under section 903(a)(7)(B) of the FD&C Act (21 U.S.C. § 387c(a)(7)(B)) because they were sold in violation of regulations prescribed under section 906(d) of the FD&C Act, specifically 21 C.F.R. Part 1140.

NHCigars.com is required to immediately correct these violations and take actions to ensure all tobacco products, labeling, and advertising comply with the FD&C