Vapefluid.com – FDA Warning Letter

The FDA's Center for Tobacco Products reviewed the website http://www.vapefluid.com and determined that e-liquid products offered for sale are tobacco products under section 201(rr) of the FD&C Act. The FDA found that the "Cherry Coconut e-liquid" product was misbranded under section 903(a)(7)(B) of the FD&C Act because it was sold to a person younger than 18 years of age.

This sale to a minor violates 21 C.F.R. § 1140.14(b), which prohibits retailers from selling covered tobacco products, including e-liquid, to individuals under 18. The product is deemed a "covered tobacco product" under 21 C.F.R. § 1140.3. The misbranding citation stems from the violation of regulations prescribed under section 906(d) of the FD&C Act, specifically 21 C.F.R. Part 1140.

The FDA requires immediate correction of this violation and similar issues, ensuring all tobacco products, labeling, and advertising comply with the FD&C Act and FDA regulations across all sales channels. Failure to comply may result in further FDA actions, including civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, and/or injunction. Adulterated and misbranded tobacco products