FDA WARNING_LETTER - PHD Marketing, INC.

The FDA issued a Warning Letter to Mr. Ahmad regarding violations observed on the websites http://www.shopxhalewholesale.com and http://www.shopxhale.com. The Center for Tobacco Products determined that e-liquid and electronic nicotine delivery system (ENDS) products offered for sale, specifically Square Drops Tart But Tangy e-liquid, Starbuzz Sweet Melon E-Hose Cartridges e-liquid, Square Drops Magic Melon e-liquid, and Square XL Disposable Vape Pen Momma Mia ENDS product, are tobacco products under section 201(rr) of the FD&C Act.

The primary violation identified was the sale of these "covered tobacco products" to individuals younger than 18 years of age, which constitutes misbranding under section 903(a)(7)(B) of the FD&C Act (21 U.S.C. § 387c(a)(7)(B)) and violates 21 C.F.R. § 1140.14(b). The FDA's investigation confirmed purchases by minors from both websites.

The letter mandates immediate correction of these and similar violations to ensure compliance with the FD&C Act and FDA's implementing regulations. Failure to comply may result in further FDA actions, including civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, and/or injunction. A written response detailing corrective actions