FDA WARNING_LETTER - Nova Vapors LLC

The FDA Center for Tobacco Products issued a Warning Letter to Buckley Joe Pepper regarding the website http://www.novavapors.com, which offers e-liquid products for sale in the U.S. The FDA determined that American eVape Bee's Nuts e-liquid is a tobacco product under section 201(rr) of the FD&C Act and is misbranded under section 903(a)(7)(B) of the FD&C Act.

The violation identified was the sale of American eVape Bee's Nuts e-liquid to a person younger than 18 years of age, which violates 21 C.F.R. § 1140.14(b). This regulation prohibits retailers from selling covered tobacco products, including e-liquids, to individuals under 18. The FDA's investigation confirmed a minor purchased the product from the website.

The letter requires immediate correction of this violation and similar issues to ensure compliance with the FD&C Act and FDA's regulations. Failure to comply may result in further FDA action, including civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, and/or injunction. The company must submit a written response within 15 working days detailing corrective actions, including dates of discontinued violative sales and a plan for maintaining compliance. The reference number for the response is RW1800824.