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  5. Cosmic Fog Vapors LLC d/b/a Next Day Vapor Products - Close Out Letter 7/13/18
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CLOSEOUT LETTER

Cosmic Fog Vapors LLC d/b/a Next Day Vapor Products


Cosmic Fog Vapors LLC d/b/a Next Day Vapor Products

  

Department of Health and Human Services logo

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

 

July 13, 2018
 
VIA UPS and Electronic Mail
 
Robert Crossley
Cosmic Fog Vapors LLC
d/b/a Next Day Vapor Products
3115 Airway Ave
Costa Mesa, CA 92626
cosmicfogvapors@gmail.com
 
RE: Warning Letter issued to Cosmic Fog Vapors LLC d/b/a Next Day Vapor Products (RW1800858)
 
Dear Robert Crossley:
 
On May 1, 2018, the United States Food and Drug Administration’s (FDA) Center for Tobacco Products (CTP) issued you a Warning Letter informing you that your Whip’d Strawberry e-liquid product is misbranded under section 903(a)(1) and/or 903(a)(7)(A) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) because its labeling and/or advertising is false or misleading. Specifically, FDA determined that the labeling and/or advertising of your Whip’d Strawberry e-liquid is misleading under section 903(a)(1) and/or 903(a)(7)(A) of the FD&C Act because it causes the product to imitate food products, particularly ones that are marketed toward, and/or appealing to, children. 
 
On May 7, 2018, you sent FDA a response to the Warning Letter. In response to the Warning Letter, you stated that you implemented corrective actions to address the violation identified in the Warning Letter. Based on our evaluation, it appears that you have taken steps to address the violation identified in the Warning Letter.  
 
This letter does not relieve you or your firm from the responsibility of taking all necessary steps to ensure sustained compliance with the FD&C Act and its implementing regulations or with other relevant legal authority. This letter also will not preclude any regulatory action should violations be observed in the future.
 
Should you have any questions or concerns, please contact me at (301) 796-9235 or by email at elenita.ibarrapratt@fda.hhs.gov.
 
 
Sincerely,
/S/ 
Ele Ibarra-Pratt
Division Director
Office of Compliance and Enforcement
Center for Tobacco Products
 
  
 
VIA Electronic Mail
 
cc:
 
Jeffrey Nelson
Cosmic Fog Vapors
jeff@cosmicfogvapors.com
 
Jonny Tabares
Next Day Vapor Products
jonny@cosmicfogvapors.com
 
Go Daddy, LLC
abuse@godaddy.com
 
Amazon Technologies Inc.
abuse@amazonaws.com