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WARNING LETTER

FLAVNT Streetwear, LLC MARCS-CMS 720838 —


Delivery Method:
VIA Electronic Mail
Product:
Medical Devices

Recipient:
Recipient Name
Christopher Rhodes
Recipient Title
Manager
FLAVNT Streetwear, LLC

(b)(4)
United States

abuse@flavnt.com
Issuing Office:
Center for Devices and Radiological Health

United States

Secondary Issuing Offices

United States


WARNING LETTER

CMS #720838

December 16, 2025

Dear Christopher Rhodes:

The United States Food and Drug Administration (FDA) has reviewed FLAVNT Streetwear, LLC’s (“your firm”) website (flavnt.com) and observed that your website offers various breast binders for sale. Under section 201(h) of the Federal Food, Drug, and Cosmetic Act (the Act), 21 U.S.C. § 321(h), these products are devices because they are intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment, or prevention of disease, or to affect the structure or any function of the body.

Our review of your firm’s website revealed statements that these breast binders (example trade names: “Birch Bareskin 2.0”, “Bone Bareskin 2.0”) are intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, or intended to affect the structure or any function of the body, including:

• Per your firm’s website: “Chest binding should never be harmful — yet we still see people getting injured from unsafe or poorly designed binders. We engineered our design to offer moderate compression, enough to help with gender dysphoria without cutting off your airflow or bruising your torso.”
• Per your firm’s website: “Just about 5 years ago we were prepping to launch a Kickstarter campaign for our Bareskin Binder: a masculine swim top/binder option for folx who didn’t have the perfect dysphoria-easing solution”
• Per your firm’s website: “Chest binding is the act of compressing breast tissue to create a flatter chest appearance. Many transmasc, nonbinary, and gender-nonconforming people bind as part of their gender expression or to ease gender dysphoria.”

Our review also revealed statements that you manufacture these devices within the meaning of section 510 of the Act (21 U.S.C. § 360) (e.g., “How we created a binder that disrupted the binder market forever.”). Under section 510 of the Act (21 U.S.C. § 360), manufacturers of medical devices are required to annually register with the FDA.  In September 2007, section 510 of the Act was amended by the Food and Drug Administration Amendments Act of 2007 (Pub. L. 110-85) to require domestic and foreign device establishments to submit their annual establishment registration and device listing information to FDA by electronic means [section 510(p) of the Act (21 U.S.C. § 360(p))] during the period beginning October 1st and ending December 31st of each year.  Our records indicate that you have not registered or listed these devices for fiscal year 2026.

Therefore the devices are misbranded within the meaning of section 502(o) of the Act (21 U.S.C. § 352(0)), in that they were manufactured, prepared, propagated, compounded, or processed in an establishment not duly registered under section 510 of the Act (21 U.S.C. § 360) and were not included in a list required by section 510(j) of the Act (21 U.S.C. § 360(j)).

Your firm should take prompt action to address any violations identified in this letter.  Failure to adequately address this matter may result in regulatory action being initiated by the FDA without further notice.  These actions include, but are not limited to, seizure and injunction.  

Other federal agencies may take your compliance with the FD&C Act and its implementing regulations into account when considering the award of federal contracts. 

Please notify this office in writing within fifteen business days from the date you receive this letter of the specific steps your firm has taken to address the noted violations, as well as an explanation of how your firm plans to prevent these violations, or similar violations, from occurring again.  Include documentation of the corrections and/or corrective actions (which must address systemic problems) that your firm has taken.  If your firm’s planned corrections and/or corrective actions will occur over time, please include a timetable for implementation of those activities.  If corrections and/or corrective actions cannot be completed within fifteen business days, state the reason for the delay and the time within which these activities will be completed.  Your firm’s response should be comprehensive and address any violations included in this Warning Letter. 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 as part of your response.

Your firm’s response should be sent via email to CDRHEnforcement@fda.hhs.gov. Please include in the subject line, “CMS 720838” when replying. 

Finally, you should know that this letter is not intended to be an all-inclusive list of the violations at your firm’s facility.  It is your firm’s responsibility to ensure compliance with applicable laws and regulations administered by FDA.  

Your firm should investigate and determine the causes of any violations and take prompt actions to address any violations and bring the products into compliance.  
 

Sincerely yours,
/S/
Michael J. Hoffmann
Director
Office of Health Technology 3 - Gastrorenal, ObGyn,
General Hospital, and Urology Devices
Office of Product Evaluation and Quality
Center for Devices and Radiological Health
Food and Drug Administration


cc: Shopify, Inc.
abuse@shopify.com

cc: yourpals@flavnt.com
 

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