FDA WARNING_LETTER - www.cigarcap.com

The FDA's Center for Tobacco Products reviewed http://www.cigarcap.com and found that "Black Devil chocolate cigarettes" are offered for sale or distribution in the U.S. These products are considered tobacco products under section 201(rr) of the FD&C Act.

The FDA determined that "Black Devil chocolate cigarettes" are adulterated under section 902(5) of the FD&C Act or misbranded under section 903(a)(1) or 903(a)(7)(A) of the FD&C Act. The website offers "Black Devil chocolate 2 cartons" and "Black Devil chocolate 3 cartons," which purport to contain a characterizing artificial or natural flavor.

Section 907(a)(1)(A) of the FD&C Act prohibits cigarettes from containing artificial or natural flavors (other than tobacco or menthol) that are characterizing flavors. Products violating this are adulterated under section 902(5). If the products lack a characterizing flavor, they are misbranded under section 903(a)(1) or 903(a)(7)(A) because their labeling or advertising falsely represents a characterizing flavor like chocolate.

The letter requires immediate correction of these violations and similar ones, ensuring compliance with the FD&C Act. Failure to comply may result in civil money penalties, no-tobacco-sale orders, criminal prosecution,