www.tobaccolocker.com – FDA Warning Letter

On December 16, 2016, the FDA issued a Warning Letter to Mr. and Ms. Davies of Tobacco Locker, LLC, following a review of their website, http://www.tobaccolocker.com. The FDA determined that the website offered cigar products for sale in the U.S., which are classified as tobacco products under section 201(rr) of the FD&C Act.

The primary violation identified was the sale of a CAO Bella Vanilla Cigarillos cigar product to a person younger than 18 years of age. This constitutes a misbranding violation under section 903(a)(7)(B) of the FD&C Act, as it violates 21 C.F.R. § 1140.14(b), which prohibits the sale of covered tobacco products to minors. The CAO Bella Vanilla Cigarillos product is deemed a "covered tobacco product" under 21 C.F.R. § 1140.3 and § 1100.2.

The FDA requires immediate correction of this violation and similar issues to ensure compliance with the FD&C Act and its implementing regulations across all sales and advertising platforms. Failure to comply may result in further actions, including civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, and/or injunction. Adulterated and misbranded tobacco products are also subject to detention