FDA WARNING_LETTER - Vape Dojo Corporate Headquarters - April 14, 2020

The FDA issued a Warning Letter to Matthew Topolski regarding e-liquid products advertised and sold on vapedojo.com. The Center for Tobacco Products determined these e-liquids are tobacco products under section 201(rr) of the FD&C Act.

The primary violation is that advertising for several e-liquid products, including "Charlie Noble - Grape," "Kite in Cloud - Sempre," and "Ten Buck - Fair Shake," fails to include the required nicotine warning statement: "WARNING: This product contains nicotine. Nicotine is an addictive chemical." This violates 21 CFR 1143.3(b) and renders the products misbranded under sections 903(a)(7)(B) and 903(a)(7)(A) of the FD&C Act. The FDA considers the absence of this warning a failure to reveal material facts, making the advertising misleading.

The letter mandates immediate correction of these and similar violations across all advertising platforms. Failure to comply may result in civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, and/or injunction. A written response detailing corrective actions, including discontinuation dates and compliance plans, is required within 15 working days. The reference number for the response is RW2001284.