FDA WARNING_LETTER - Vape Society Supply - September 12, 2023

The FDA issued a Warning Letter to Tariq Zeiadeh, operating vapesocietysupplies.com, on September 1, 2023, for offering unauthorized electronic nicotine delivery system (ENDS) and e-liquid products for sale in the United States. The FDA's review of the website found products like "Cereal Trip by Bad Drip Labs," "Don’t Care Bear by Bad Drip Labs," and "EB Design (Elf Bar) TE6000 Hawaii Punch" being sold.

These products are considered "new tobacco products" under section 910(a) of the FD&C Act because they were not commercially marketed in the U.S. as of February 15, 2007, and lack the required premarket authorization order. This renders them adulterated under section 902(6)(A) and misbranded under section 903(a)(6) of the FD&C Act.

The FDA expressed particular concern regarding the "Bad Drip Labs" e-liquid products, noting their packaging imitates prescription pill bottles, which is likely to appeal to youth and could lead to accidental ingestion. This design also enables concealment, raising public health concerns.

The letter mandates a written response within 15 working days detailing actions taken to address violations, including discontinuing sales and a plan for future compliance. Failure to comply may result in regulatory actions such as civil