FDA WARNING_LETTER - Vapor Maven E-Juice, LLC - February 26, 2021

The FDA Center for Tobacco Products issued a Warning Letter to Hermin Thind regarding e-liquid products sold on vapormaven.com. The FDA determined that products like "Vapor Maven Cotton Candy" and "Vapor Maven Thug Juice" are tobacco products under the FD&C Act, specifically section 201(rr), and are subject to FDA jurisdiction.

The key violation is that these e-liquid products are "new tobacco products" as they were not commercially marketed in the U.S. as of February 15, 2007, and lack the required premarket marketing authorization order under section 910(c)(1)(A)(i) of the FD&C Act. Consequently, these products are deemed adulterated under section 902(6)(A) and misbranded under section 903(a)(6) of the FD&C Act because required notice or information was not provided.

The letter emphasizes that the firm, a registered manufacturer with over 1,200 listed products, is responsible for ensuring compliance across all advertising and sales channels. Failure to address these violations may result in regulatory actions, including civil money penalties, seizure, and/or injunction. The firm must submit a written response within 15 working days detailing corrective actions, including discontinuation of violative sales and a plan for future compliance.