VapeActive – FDA Warning Letter, Sep 17, 2019
On August 22, 2019, the FDA issued a Warning Letter to Steve Too of VapeActive.com, following a review of their website which advertised and offered e-liquid products for sale in the United States. The FDA determined these e-liquids are tobacco products under section 201(rr) of the FD&C Act.
The letter identifies two primary violations: 1. **Sales to Minors:** VapeActive.com sold JUUL Cucumber Pods e-liquid to a person younger than 18 years of age, violating 21 C.F.R. § 1140.14(b). This renders the product misbranded under section 903(a)(7)(B) of the FD&C Act. 2. **Failure to Include Required Nicotine Warning Statement:** The website's advertising for several e-liquid products, including PHIX Butter Scotch Pods, JUUL Mango Pods, and others, failed to include the mandatory nicotine warning statement ("WARNING: This product contains nicotine. Nicotine is an addictive chemical.") as required by 21 C.F.R. § 1143.3(b). This also results in the products being misbranded under section 903(a)(7)(B) of the FD&C Act.
VapeActive.com is required to immediately correct these violations and ensure all
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