Inspections, Compliance, Enforcement, and Criminal Investigations

www.vaperz.co.uk 4/2/15

  

Department of Health and Human Services logoDepartment of Health and Human Services

Food and Drug Administration
 
Center for Tobacco Products
10903 New Hampshire Avenue
Silver Spring, MD 20993 

 

 

APR 2, 2015
 
VIA Electronic Mail
 
Ms. Claire Riddington-Smith, Director                            
Vaperz Ltd.
claire@vaperz.co.uk
                       
 
 
WARNING LETTER
 
Dear Ms. Riddington-Smith:
 
The Center for Tobacco Products of the U.S. Food and Drug Administration (FDA) recently reviewed your website, http://www.vaperz.co.uk, and determined that you sell or distribute electronic cigarettes and e-liquids that contain nicotine to customers in the United States.  Specifically, your website advertises electronic cigarettes and e-liquids that contain nicotine in the amount of 16mg or 24mg. Under section 201(rr) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. § 321(rr)), as amended by the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), these products are tobacco products because they are made or derived from tobacco and intended for human consumption. 
 
Section 301(tt) Violation[1]
 
FDA has determined that the statements or representations made on the website, http://www.vaperz.co.uk, regarding your electronic cigarettes and e-liquids violate section 301(tt) of the FD&C Act (21 U.S.C. 331(tt)) which prohibits, in pertinent part:
 
“[m]aking any express or implied statement or representation directed to consumers with respect to a tobacco product, in a label or labeling or through the media or advertising, that either conveys, or misleads or would mislead consumers into believing, that—
(1)   the product is approved by the Food and Drug Administration;
(2)   the Food and Drug Administration deems the product to be safe for use by consumers;
(3)   the product is endorsed by the Food and Drug Administration for use by consumers; or
(4)   the product is safe or less harmful by virtue of—
(A)    its regulation or inspection by the Food and Drug Administration; or
(B)    its compliance with regulatory requirements set by the Food and Drug Administration…”
 
Specifically, your website advertises electronic cigarettes and the following flavored e-liquids that are sold or distributed to U.S. customers, which contain nicotine in the amount of 16mg and/or 24mg, including but not limited to: Juicy Peach, Almond, Cinnamon, American Blend and Watermelon. These products are sold or distributed on your website, which displays imaged copies of various certificates purported to be from different organizations under the tab “Certificates,” including a graphic image of the “Certificate of FDA Registration,” titled “FDA-Approval.jpg.”
 
Because these statements or representations on your website are directed to consumers and convey, mislead, or would mislead consumers into believing, that the above-listed tobacco products are approved by the FDA, they are in violation of section 301(tt) of the FD&C Act.
 
Conclusion and Requested Actions
 
The violations discussed in this letter do not necessarily constitute an exhaustive list. You should immediately correct the violations that are referenced above, as well as violations that are the same as or similar to those stated above, and take any necessary actions to bring your tobacco products into compliance with applicable provisions of the FD&C Act. 
 
It is your responsibility to ensure that your tobacco products and all related promotional materials on this website, on any other websites (including e-commerce, social networking, or search engine websites), and in any other media in which you advertise comply with each applicable provision of the FD&C Act and FDA’s implementing regulations.  Failure to ensure full compliance with applicable provisions of the FD&C Act may result in FDA initiating further action without notice, including, but not limited to, civil money penalties, criminal prosecution, and/or injunction. 
 
Please submit a written response to this letter within 15 working days from the date of receipt describing your corrective actions, including the dates on which you discontinued the violative promotion, advertising, sale, and/or distribution of these tobacco products and your plan for maintaining compliance with the FD&C Act.
 
Please note your reference number, RW1500288, in your response and direct your response to the following address:
 
DPAL-WL Response, Office of Compliance and Enforcement
FDA Center for Tobacco Products
c/o Document Control Center
Building 71, Room G335
10903 New Hampshire Avenue
Silver Spring, MD 20993-0002
 
If you have any questions about the content of this letter, please contact Ele Ibarra-Pratt at (301) 796-9235 or via email at CTPCompliance@fda.hhs.gov.   
 
 
Sincerely,
 
/S/
Ann Simoneau, J.D.
Director
Office of Compliance and Enforcement
Center for Tobacco Products
 
VIA Electronic Mail
 
cc:
abuse@cloudflare.com


[1]Certain tobacco products, including e-liquids that contain nicotine, are not yet deemed subject to the tobacco product authorities under Chapter IX of the FD&C Act. However, because your products meet the definition of a tobacco product, they must comply with applicable provisions that are outside of Chapter IX of the FD&C Act, including section 301(tt) of the FD&C Act.
 

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