Vapor Rising, Inc. – FDA Warning Letter

The FDA issued a Warning Letter to Joseph Schaffer regarding Vapor Rising's website, vaporrising.com, for selling e-liquids, specifically Vapor Rising Banana Nut Bread e-liquid, to a person under 18 years of age. This constitutes a misbranding violation under section 903(a)(7)(B) of the FD&C Act (21 U.S.C. § 387c(a)(7)(B)) because it violates 21 C.F.R. § 1140.14(b), which prohibits the sale of covered tobacco products to minors. E-liquids are classified as tobacco products under section 201(rr) of the FD&C Act and are subject to FDA jurisdiction. The letter requires immediate correction of this violation and similar issues across all sales platforms, including websites and retail. Failure to comply may result in civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, or injunction. A written response detailing corrective actions and a compliance plan is required within 15 working days, referencing RW1600586.