Vapor Plus OK LLC – FDA Warning Letter, Aug 25, 2020

On July 31, 2020, the FDA issued a Warning Letter to Nadeem Khan regarding the website https://vaporplusok.com, which sells Electronic Nicotine Delivery System (ENDS) products. The FDA determined these products are tobacco products subject to the FD&C Act and FDA jurisdiction.

The letter identified two primary violations: 1. **New Tobacco Products Without Required Marketing Authorization:** The website offered ENDS products, including Eonsmoke Pineapple/Silky Strawberry Juul Compatible Pods, Sea Watermelon Juul Compatible Pods, Zalt Mango Juul Compatible Pods, and Uwell AMULET Watch Pod System, without the necessary FDA marketing authorization. These products are considered "new tobacco products" as they were not commercially marketed in the U.S. before February 15, 2007. This renders them adulterated under section 902(6)(A) and misbranded under section 903(a)(6) of the FD&C Act. 2. **Tobacco Products Sold to Individuals Under 21:** The investigation revealed sales of e-liquid products (Candy King on Salt Worms and Pacha Mama Blood Orange Banana Gooseberry) to a person under 21 years of age, violating section 906(d)(5) of the FD&C Act. This makes the products misbranded under section 903(a)(7)(