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WARNING LETTER

Cube One Enterprises, Inc. MARCS-CMS 511431 —


Delivery Method:
UPS and Electronic Mail

Recipient:
Recipient Name
Robert M. Lemus
Cube One Enterprises, Inc.

1970 State Road 44

New Smyrna Beach, FL 32168
United States

Issuing Office:
Center for Tobacco Products

United States


  

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 

 

 

DEC 8, 2016
VIA UPS and Electronic Mail
 
Cube One Enterprises, Inc.
d/b/a www.billboardtobacco.com  
d/b/a www.billboardcigars.com    
d/b/a Tobacco Leaf
Attn: Robert M. Lemus
1970 State Road 44
New Smyrna Beach, FL 32168
tobaccoleaf@cfl.rr.com
tobaccoleaf@hotmail.com
 
WARNING LETTER
 
Dear Mr. Lemus:  
 
The Center for Tobacco Products of the U.S. Food and Drug Administration (FDA) recently reviewed the websites http://www.billboardtobacco.com and http://www.billboardcigars.com and determined that the e-liquid and electronic nicotine delivery system (ENDS) products 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 (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. Certain tobacco products, including e-liquids and ENDS products, are subject to FDA jurisdiction under section 901(b) of the FD&C Act (21 U.S.C. § 387a(b)).
 
FDA has determined that your Buck Naked Fruit Mix e-liquid from the website http://www.billboardtobacco.com is misbranded under section 903(a)(7)(B) of the FD&C Act (21 U.S.C. § 387c(a)(7)(B)) because you sold this product to a person younger than 18 years of age. Additionally, your Voodoo E-Hookah Bewitched Blueberry and Voodoo E-Hookah Sinful Strawberry ENDS products and Buck Naked Cherry e-liquid from the website http://www.billboardcigars.com are misbranded under section 903(a)(7)(B) of the FD&C Act (21 U.S.C. § 387c(a)(7)(B)) because you sold these products to a person younger than 18 years of age. 
 
Sales to Minors Violations
 
FDA’s investigation of the website http://www.billboardtobacco.com revealed that you sold an e-liquid product to a minor. Specifically, during our investigation of http://www.billboardtobacco.com, a person younger than 18 years of age purchased Buck Naked Fruit Mix e-liquid from the website. Additionally, FDA’s investigation of the website http://www.billboardcigars.com revealed that you sold ENDS products and an e-liquid to a minor. Specifically, during our investigation of http://www.billboardcigars.com, a person younger than 18 years of age purchased Voodoo E-Hookah Bewitched Blueberry and Voodoo E-Hookah Sinful Strawberry ENDS products and two Buck Naked Cherry e-liquids from the website. You also sent a complimentary White Rhino Liquid E-Juice (berry) e-liquid.  No retailer may sell covered tobacco products, including e-liquid, cigar, pipe tobacco, waterpipe tobacco, and dissolvable tobacco products, as well as ENDS products that contain any tobacco derivative, to a person younger than 18 years of age under 21 C.F.R. § 1140.14(b). Under 21 C.F.R. § 1140.3, a “covered tobacco product” is defined as any tobacco product deemed to be subject to chapter IX of the FD&C Act by 21 C.F.R. § 1100.2, excluding components or parts not made or derived from tobacco. Before 21 C.F.R. § 1100.2 became effective, only cigarettes, smokeless tobacco, roll-your-own tobacco, and cigarette tobacco were subject to chapter IX of the FD&C Act. 21 C.F.R. § 1100.2 deems all other tobacco products, except accessories of such tobacco products, subject to chapter IX and its implementing regulations. The products cited in this violation are “covered tobacco products.” Under section 903(a)(7)(B) of the FD&C Act (21 U.S.C. § 387c(a)(7)(B)), tobacco products are misbranded if sold or distributed in violation of regulations prescribed under section 906(d) of the FD&C Act, including those within 21 C.F.R. Part 1140.  Because these products are sold or distributed to persons younger than 18 years of age in violation of 21 C.F.R. § 1140.14(b), these products are misbranded under section 903(a)(7)(B) of the FD&C Act (21 U.S.C. § 387c(a)(7)(B)).
 
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 the FD&C Act. 
 
It is your responsibility to ensure that your tobacco products and all related labeling and/or advertising on these websites, on any other websites (including e-commerce, social networking, or search engine websites), in any other media in which you advertise, and in any retail establishments 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. You can find the FD&C Act through links on FDA’s homepage at http://www.fda.gov.
 
Please note your reference number, RW1600604, 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:
 
Cube One Enterprises, Inc.
c/o R. G. Petree
501 N. Magnolia Avenue
Orlando, FL 32801
 
Contact Privacy, Inc.
abuse@contactprivacy.com
billboardtobacco.com@contactprivacy.com
 
Tucows, Inc.
domainabuse@tucows.com
 
Yahoo! Inc.
abuse@yahoo-inc.com