Trademark Co., Inc., d/b/a Golden Valley Tobacco – FDA Warning Letter

The FDA's Center for Tobacco Products issued a Warning Letter to Golden Valley Tobacco after reviewing their website, goldenvalleytobacco.com. The FDA determined that Golden Valley's products, though labeled "pipe tobacco," are promoted as "cigarette tobacco" due to descriptions like "provide a different way of smoking a cigarette" and "produce a lighter cigarette," and their sale of cigarette components.

The company is in violation for promoting a "Modified Risk Tobacco Product" without an FDA order. Specifically, their "Golden Valley Mild Blend" is described as "mild" and "lighter," which are descriptors for modified risk tobacco products under section 911(b)(2)(A)(ii) of the FD&C Act. This product is therefore adulterated under section 902(8).

Additionally, Golden Valley Tobacco is cited for "Flavored Cigarette Violations." Their "Golden Valley Mint Blend" is a cigarette tobacco with a characterizing flavor (mint), which is prohibited for cigarettes under section 907(a)(1)(A) of the FD&C Act, making it adulterated under section 902(5). If the product does not contain a characterizing flavor, it is misbranded under section 903(a)(1) or 903(a)(7)(A) for false or misleading labeling.

Golden Valley Tobacco must immediately correct these violations and ensure all products and promotional materials comply with the FD