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  5. The House of Tobacco - 511883 - 12/07/2016
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WARNING LETTER

The House of Tobacco MARCS-CMS 511883 — 07/12/2016

The House of Tobacco - 511883 - 12/07/2016


Delivery Method:
UPS and Electronic Mail

Recipient:
Recipient Name
John Scotti
The House of Tobacco

1370 S Main Rd, PMB #57

Vineland, NJ 08360
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 

VIA UPS and Electronic Mail

The House of Tobacco
Attn: John Scotti
1370 S Main Rd, PMB #57
Vineland, NJ 08360
hotash1@thehouseoftobacco.com

WARNING LETTER

DEC 7 2016

Dear Mr. Scotti:

The Center for Tobacco Products of the U.S. Food and Drug Administration (FDA) recently reviewed the website http://www.thehouseoftobacco.com and determined that the cigar, waterpipe tobacco, 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 cigars, waterpipe tobacco, and ENDS, 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 Hot Ash Honey Whiskey Cigarillo, Fruit Cocktail E-Hookah ENDS, and Voodoo Shisha Pineapple Breeze 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.thehouseoftobacco.com revealed that you sold cigar, waterpipe tobacco, and ENDS products to a minor.  Specifically, during our investigation of http://www.thehouseoftobacco.com, a person younger than 18 years of age purchased a Hot Ash Honey Whiskey Cigarillo product from the website.  The minor also ordered Al Fakher Hookah Tobacco (Banana) and a Tropical Punch E-Hookah ENDS product, but received instead Voodoo Shisha Pineapple Breeze and a Fruit Cocktail E-Hookah ENDS product.  Additionally, you sent the following complimentary waterpipe tobacco products: Voodoo Shisha Possessed Peach, Voodoo Shisha Wet Kiss Mango, and Voodoo Shisha Jungle Dream.  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 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.  You can find the FD&C Act through links on FDA’s homepage at http://www.fda.gov.

Please note your reference number, RW1600615, 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:

The House of Tobacco
Attn: John Scotti
domains@dataob.com

The House of Tobacco
Attn: Alyse N. Scotti
HotAsh.Alyse@gmail.com

GoDaddy.com, LLC
abuse@godaddy.com

Google Inc./Google Cloud
google-cloud-compliance@google.com