www.buycheaptobacco.com – FDA Warning Letter, Jul 20, 2012

The FDA Center for Tobacco Products issued a Warning Letter to Protected Domain Services, operating www.buycheaptobacco.com, on June 15, 2012, following a review of their website. The FDA determined that the website offered cigarette products for sale to U.S. customers, which are classified as tobacco products under section 201(rr) of the FD&C Act.

The primary violation identified was the promotion of these products as "modified risk tobacco products" without an FDA order, rendering them adulterated under section 902(8) of the FD&C Act. Specifically, the website used descriptors like "Lights" and "Ultra-Lights" in product advertising and names for numerous cigarette brands, including Bond Special Selection, Camel Blue, Marlboro Gold, and Winston Blue (for "Lights"), and Bond Fine Selection, Camel Silver, Marlboro Silver, and Winston Subtle Silver (for "Ultra-Lights").

Under section 911(b)(2)(A)(ii) of the FD&C Act, using terms like "light," "mild," or "low" classifies a product as a modified risk tobacco product. Section 911(a) prohibits the introduction of such products into interstate commerce without an FDA order.

The FDA demanded immediate corrective actions to bring the tobacco products into compliance. Failure to comply could result in civil money penalties, no-tobacco-sale orders, criminal prosecution