FDA WARNING_LETTER - www.cheapcigarettesonline.us - February 06, 2013

The FDA Center for Tobacco Products issued a Warning Letter to Dmitrii N. Kolonchuk regarding his website, www.cheapcigarettesonline.us, which offers cigarette products for sale to U.S. customers. The FDA determined these products are tobacco products under section 201(rr) of the FD&C Act.

The letter identifies two primary violations. First, several products are deemed adulterated under section 902(8) of the FD&C Act because they are promoted as "modified risk tobacco products" without an FDA order. This includes products described as "Lights" or "Ultra Lights," such as "Marlboro Gold" and "Winston Silver," which fall under section 911(b)(2)(A)(ii) of the FD&C Act. Introducing such products into interstate commerce without an FDA order under section 911(g) is prohibited.

Second, products like "Aroma Rich Apple" and "Richmond Cherry" are adulterated under section 902(5) of the FD&C Act because they contain characterizing flavors (other than tobacco or menthol), which is prohibited for cigarettes under section 907(a)(1)(A) as of September 22, 2009. Alternatively, if these products do not contain characterizing flavors, they are misbranded under section 903(a)(1) for false and misleading labeling.

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