WARNING LETTER

MVS Richardson, LLC d/b/a Metro Vapors Burleson MARCS-CMS 607360 — June 04, 2020

Delivery Method:: VIA UPS and Electronic Mail
Product:: Tobacco

Recipient:: Recipient Name

Brandon Parrish; Recipient Title

Owner/CEO; MVS Richardson, LLC d/b/a Metro Vapors Burleson; 251 SW Wilshire Boulevard, Suite 118
Briaroaks, TX 76028-4713
United States; info@metrovaporshop.com

Issuing Office:: Center for Tobacco Products; United States

June 4, 2020

VIA UPS and Electronic Mail

WARNING LETTER

Dear Mr. Parrish:

The Center for Tobacco Products of the U.S. Food and Drug Administration (FDA) has reviewed your submissions to the FDA and our inspection records, and determined that MVS Richardson, LLC d/b/a Metro Vapors Burleson manufactures and distributes e-liquid products for commercial distribution in the United States, and that the e-liquid products are manufactured and 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)), these products are tobacco products because they are made or derived from tobacco and intended for human consumption. Certain tobacco products, including e-liquid products, are subject to FDA jurisdiction under section 901(b) of the FD&C Act (21 U.S.C. § 387a(b)) and 21 C.F.R. § 1100.1.

Please be aware that, effective August 8, 2016, FDA deemed additional products meeting the definition of a tobacco product, except accessories to these newly deemed products, to be subject to regulation under the Act. These products include, but are not limited to, electronic nicotine delivery systems (including e-cigarettes), e-liquids, cigars, and pipe tobacco. See Final Rule, Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act; Restrictions on the Sale and Distribution of Tobacco Products and Required Warning Statements for Tobacco Products, 81 Fed. Reg. 28,974 (May 10, 2016), available at https://federalregister.gov/a/2016-10685.

A Tobacco Product Not Listed with FDA Is Misbranded

FDA has determined that your Thousand Sunny e-liquid product is not included in a list required by section 905(i) of the FD&C Act (21 U.S.C. § 387e(i)). Section 905(i)(3)(A) of the FD&C Act (21 U.S.C. § 387e(i)(3)(A)) requires that each person who registers with FDA under section 905 biannually report to FDA a list of each tobacco product introduced by the registrant for commercial distribution which has not been included in any list previously filed by that person with the FDA under section 905(i).

Because your Thousand Sunny e-liquid product is not included in a product listing in violation of 905(i) of the FD&C Act (21 U.S.C. § 387e(i)), this product is misbranded under section 903(a)(6) of the FD&C Act (21 U.S.C. § 387c(a)(6)). The doing of any act with respect to a tobacco product while such article is held for sale after shipment in in interstate commerce which results in such product being misbranded is a prohibited act under section 301(k) of the FD&C Act (21 U.S.C. § 331(k)). Additionally, the failure to provide any information required by section 905(i) of the FD&C Act is a prohibited act under section 301(p) of the FD&C Act (21 U.S.C. § 331(p)).

A Tobacco Product Without Required Ingredient Listing Submissions Is Misbranded

FDA has determined that you have not provided an ingredient listing to FDA as required by section 904(a)(1) of the FD&C Act (21 U.S.C. § 387d(a)(1)). Section 904(a)(1) requires each tobacco product manufacturer or importer, or agents thereof to provide “a listing of all ingredients, including tobacco, substances, compounds, and additives that are…added by the manufacturer to the tobacco, paper, filter, or other part of each tobacco product by brand and by quantity in each brand and sub brand.”

Because you have not provided FDA with an ingredient listing, FDA has determined that your Thousand Sunny e-liquid product, which Metro Vapors Burleson manufactures, sells, and/or distributes to customers in the United States, is misbranded under section 903(a)(10)(A) of the FD&C Act (21 U.S.C. § 387c(a)(10)(A) because you failed to comply with requirements prescribed under section 904 of the FD&C Act (21 U.S.C. § 387d). The doing of any act with respect to a tobacco product while such article is held for sale after shipment in interstate commerce which results in such product being misbranded is a prohibited act under section 301(k) of the FD&C Act (21 U.S.C. § 331(k)). In addition, the failure to provide any information required by section 904 is a prohibited act under section 301(q)(1)(B) of the FD&C Act (21 U.S.C. § 331(q)(1)(B)).

Tobacco Products Manufactured in an Establishment Not Duly Registered Are Misbranded

FDA has determined that all e-liquid products manufactured by Metro Vapors Burleson are misbranded under section 903(a)(6) of the FD&C Act (21 U.S.C. § 387c(a)(6)) because they have been manufactured, prepared, propagated, compounded, or processed in an establishment not duly registered under section 905(b) of the FD&C Act (21 U.S.C. § 387e(b)). Specifically, you are required to register your establishment engaged in these activities on or before December 31 of each year pursuant to section 905(b). You registered your manufacturing establishment located at 251 SW Wilshire Boulevard, Suite 118, Briaroaks, TX 76028-4713 with the FDA on November 17, 2017, but have failed to submit your annual establishment registration since that date. The doing of any act with respect to a tobacco product while such article is held for sale after shipment in interstate commerce which results in such product being misbranded is a prohibited act under section 301(k) of the FD&C Act (21 U.S.C. § 331(k)). In addition, the failure to register your establishment in accordance with section 905 is a prohibited act under section 301(p) of the FD&C Act (21 U.S.C. § 331(p)).

Conclusion and Requested Actions

It is your responsibility to ensure that your tobacco products comply with each applicable provision of the FD&C Act and FDA’s implementing regulations. Failure to address any violations of the types described above may result in FDA’s taking regulatory action, including, but not limited to, civil money penalties, seizure, and/or injunction. However, this Warning Letter does not constitute “written notice” for purposes of section 303(f)(9)(B)(i)(II) of the FD&C Act. Please note that any adulterated and/or misbranded tobacco products offered for import into the United States are subject to detention and refusal of admission.

The violations discussed in this letter do not necessarily constitute an exhaustive list. You should take prompt action to address any violations that are referenced above, as well as violations that are the same as or similar to the ones stated above and take any necessary actions to bring your tobacco products into compliance with the FD&C Act.

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 sale, and/or distribution of these tobacco products and your plan for maintaining compliance with the FD&C Act. If you do not believe that your products are 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, ER2000050, in your response and direct your response to the following address:

DEM-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 Lillian Ortega at (240) 402-9041 or Lillian.Ortega@fda.hhs.gov.

Sincerely,
/S/

Ann Simoneau, J.D.
Director
Office of Compliance and Enforcement
Center for Tobacco Products