Victory Liquid LLC – FDA Warning Letter, Apr 5, 2022

The FDA Center for Tobacco Products issued a Warning Letter to Douglas Fagin and Leovijildo Hall of Victory Liquid, LLC, on January 14, 2022, following a review of their website, https://victoryliquid.com. The FDA determined that e-liquid products, specifically "Victory Liquid Apple All Day" and "Victory Liquid Checkered Flag," are manufactured and offered for sale in the U.S. without required marketing authorization.

These e-liquid products are classified as "new tobacco products" under section 201(rr) of the FD&C Act because they were not commercially marketed in the U.S. as of February 15, 2007. The FDA found that these products lack the necessary premarket authorization order under section 910(c)(1)(A)(i) of the FD&C Act, rendering them adulterated under section 902(6)(A) and misbranded under section 903(a)(6).

While Victory Liquid, LLC, is a registered manufacturer with over 99,000 products listed, their Premarket Tobacco Product Application (PMTA) (STN PM0000967), submitted on September 3, 2020, received a Marketing Denial Order on September 10, 2021, covering 631 products. The FDA emphasizes that new tobacco products