www.tobaccoandcigarettes.net – FDA Warning Letter, Oct 19, 2012

The FDA's Center for Tobacco Products issued a Warning Letter to www.tobaccoandcigarettes.net on October 19, 2012, following a review of their website. The FDA determined that several cigarette products offered for sale to U.S. customers are either adulterated or misbranded under the Federal Food, Drug, and Cosmetic Act (FD&C Act).

The violations stem from the sale of cigarettes purported to contain characterizing flavors, specifically: Kiss Superslims Strawberry, Kiss Superslims Fresh Apple, Rich Rum & Cherry, Rich Apple, Richmond Cherry, and Richmond Cherry Gold. 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.

As of September 22, 2009, cigarettes violating this provision are adulterated under section 902(5) of the FD&C Act. Alternatively, if these cigarettes do not contain a characterizing flavor, they are misbranded under section 903(a)(1) of the FD&C Act due to false and misleading labeling.

The FDA requires immediate corrective actions to bring the products into compliance. The company must submit a written response within 15 working days detailing corrective actions, including dates when violative promotion, advertising, sale, and/or distribution ceased. Failure to comply may result in further FDA action, including