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  5. Ashlynn Marketing Group, Inc - 557715 - 07/26/2018
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WARNING LETTER

Ashlynn Marketing Group, Inc MARCS-CMS 557715 — Jul 26, 2018

Ashlynn Marketing Group, Inc - 557715 - 07/26/2018


Recipient:
Recipient Name
Wasem Saliman
Ashlynn Marketing Group, Inc

10870 Hartley Road, Ste. B

Santee, CA 92071
United States

Issuing Office:
Center for Tobacco Products

United States


  

Department of Health and Human Services logo

 
 
Center for Tobacco Products
10903 New Hampshire Avenue
Silver Spring, MD 20993 

 

VIA UPS and Electronic Mail
 
JUL 26, 2018
                       
Wasem Saliman
Ashlynn Marketing Group, Inc.
d/b/a Imperial Smoke
10870 Hartley Road, Ste. B
Santee, CA 92071
wes@imperialcigs.com
saliman@cox.net
 
WARNING LETTER
 
Dear Wasem Saliman:
 
The Center for Tobacco Products of the U.S. Food and Drug Administration (FDA) recently reviewed the website FD&C Act http://imperialcigs.com and determined that the disposable hookah filters listed there are offered for sale or distribution to customers in the United States. Under section 201(rr) of the Federal Food, Drug, and Cosmetic 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 components or parts of products made or derived from tobacco and intended for human consumption. Certain tobacco products, including disposable hookah filters, are subject to FDA jurisdiction under section 901(b) of the FD&C Act (21 U.S.C. § 387a(b)). 
 
FDA has determined that the Imperial Hookah Filter product isadulterated under section 902(8) of the FD&C Act (21 U.S.C. § 387b(8)) because it is a modified risk tobacco product sold or distributed without an FDA order in effect that permits such sale or distribution.
 
Modified Risk Tobacco Product Violations
 
Our review of the website http://imperialcigs.com revealed that you sell or distribute a disposable hookah filter product (to be used with combustible hookah tobacco) that isdescribed as presenting a lower risk of tobacco-related disease, being less harmful than one or more other commercially marketed tobacco products, or having a reduced level of/exposure to a substance.  Specifically, the website http://imperialcigs.com includes the following claim:
 
Imperial Hookah Filter
  • “Reduces Tar and Nicotine” 
A tobacco product is considered a “modified risk tobacco product” under section 911(b)(2)(A)(i) of the FD&C Act (21 U.S.C. § 387k(b)(2)(A)(i)) if its label, labeling, or advertising explicitly or implicitly represents that:(1) the product presents a lower risk of tobacco-related disease or is less harmful than one or more other commercially marketed tobacco products; (2) the product or its smoke contains a reduced level of a substance or presents a reduced exposure to a substance; or (3) the product or its smoke does not contain or is free of a substance. Under section 911(a) of the FD&C Act (21 U.S.C. § 387k(a)), no person may introduce or deliver for introduction into interstate commerce any modified risk tobacco product without an FDA order in effect under section 911(g) of the FD&C Act (21 U.S.C. § 387k(g)). A product that is in violation of section 911(a) of the FD&C Act (21 U.S.C. § 387k(a)) is adulterated under section 902(8) of the FD&C Act (21 U.S.C. § 387b(8)). 
 
The above listed product is a modified risk tobacco product because the website describes it as presenting a lower risk of tobacco-related disease or being less harmful than one or more other commercially marketed tobacco products and containing a reduced level of a substance or presenting a reduced exposure to a substance. Because this product issold or distributed to customers in the United States without an appropriate FDA order in effect under section 911(g) of the FD&C Act (21 U.S.C. § 387k(g)), this product is adulterated under section 902(8) of the FD&C Act (21 U.S.C. § 387b(8)).
 
Conclusion and Requested Actions
 
The violation discussed in this letter does not necessarily constitute an exhaustive list. You should immediately correct the violation that is referenced above, as well as violations that are the same as or similar to the one stated above, and take any necessary actions to bring your tobacco products into compliance with the FD&C Act. 
 
It is your responsibility to ensure that your tobacco products and all related labeling and/or advertising 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 the FD&C Act may result in FDA initiating further action without notice, including, but not limited to, civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, and/or injunction. Please note that adulterated and misbranded tobacco products offered for import into the United States are subject to detention and refusal of admission.
 
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 labeling, advertising, sale, and/or distribution of these tobacco products and your plan for maintaining compliance with the FD&C Act. If you believe that your products are not in violation of the FD&C Act, include your reasoning and any supporting information for our consideration. You can find the FD&C Act through links on FDA’s homepage at http://www.fda.gov.
 
Please note your reference number, RW1800911, 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 UPS and Electronic Mail
 
cc:
 
Ashlynn Marketing Group, Inc/Poway Distribution
124 W Main Street, Suite 210
El Cajon, CA 92020
 
GoDaddy.com, LLC
abuse@godaddy.com
 
Unified Layer
abuse@unifiedlayer.com