www.kretek-taste.com – FDA Warning Letter, Jun 15, 2012

On June 1, 2012, the FDA's Center for Tobacco Products issued a Warning Letter to www.kretek-taste.com after reviewing their website and determining that Djarum Black Cappuccino cigarettes were offered for sale to U.S. customers. These products are considered tobacco products under section 201(rr) of the FD&C Act.

The FDA found that Djarum Black Cappuccino cigarettes are adulterated under section 902(5) of the FD&C Act or misbranded under section 903(a)(1) of the FD&C Act. The violation stems from the products purportedly containing an artificial or natural flavor (cappuccino) that is a characterizing flavor, which is prohibited for cigarettes under section 907(a)(1)(A) of the FD&C Act as of September 22, 2009. If the cigarettes do not contain a characterizing flavor, they are misbranded because the labeling falsely represents them as having cappuccino as a characterizing flavor.

The company was instructed to immediately correct these violations and ensure all tobacco products on their website comply with the FD&C Act. Failure to comply could result in further FDA action, including civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, and/or injunction. Adulterated and misbranded tobacco products offered for import into the U.S. are subject to detention and