FDA WARNING_LETTER - VapeKing ELiquid Engineering - June 18, 2019

The FDA Center for Tobacco Products issued a Warning Letter to VapeKing eLiquid Engineering after reviewing their website, vapeking.co.uk, which offers e-liquid products for sale in the U.S. These e-liquids are deemed tobacco products under section 201(rr) of the FD&C Act. The letter identifies two primary violations. First, the firm sold Vape King Apple 30ml e-liquid to a person younger than 18, violating 21 C.F.R. § 1140.14(b), rendering the product misbranded under section 903(a)(7)(B) of the FD&C Act. Second, several e-liquid products' labeling and/or advertising on the website failed to include the required nicotine warning statement ("WARNING: This product contains nicotine. Nicotine is an addictive chemical."), as mandated by 21 C.F.R. § 1143.3(a) and/or (b). This omission misbrands the products under section 903(a)(7)(B), and additionally under section 903(a)(1) and/or 903(a)(7)(A) of the FD&C Act for false or misleading labeling/advertising. VapeKing must immediately correct these violations and submit a written response within 15 working days detailing corrective actions and a compliance plan. Failure to comply may result in further FDA actions, including civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, injunction, and refusal of admission for imports.