The Drip Ship LTD d/b/a buycbdcigarettes – FDA Warning Letter, May 31, 2023

On May 31, 2023, the FDA issued a Warning Letter to Daniel Mancini regarding the website https://buycbdcigarettes.com, which offers Electronic Nicotine Delivery System (ENDS) products for sale in the United States. The FDA determined that "Puff Bar" ENDS products, specifically "Puff Bar Disposable Pod Device – 5% Mango" and "Puff Bar Disposable Pod Device – 5% Watermelon," are new tobacco products under section 201(rr) of the FD&C Act.

These products are considered "new tobacco products" because they were not commercially marketed in the U.S. as of February 15, 2007, and lack the required premarket authorization order under section 910(c)(1)(A)(i) of the FD&C Act. Consequently, these products are deemed adulterated under section 902(6)(A) and misbranded under section 903(a)(6) of the FD&C Act due to the absence of required notice or information under section 905(j).

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