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WARNING LETTER

Northern Lights Vapor LLC MARCS-CMS 533717 —


Delivery Method:
UPS and Email

Recipient:
Recipient Name
Rick Rouse and Cat Tierney
Northern Lights Vapor LLC

500 North Rainbow Blvd.

Las Vegas, NV 89107
United States

Issuing Office:
Center for Tobacco Products

United States


  

Department of Health and Human Services logo

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

 

AUG 24, 2017
VIA UPS and Electronic Mail
                       
Northern Lights Vapor, LLC
Attn: Rick Rouse and Cat Tierney
500 North Rainbow Blvd.
Las Vegas, NV 89107
sales@northernlightsvapor.com
 
 
WARNING LETTER
 
Dear Rick Rouse and Cat Tierney:
 
The Center for Tobacco Products of the U.S. Food and Drug Administration (FDA) recently reviewed the website http://www.northernlightsvapor.com and determined that the e-liquid products listed there are distributed and offered for sale 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, are subject to FDA jurisdiction under section 901(b) of the FD&C Act (21 U.S.C. § 387a(b)).
 
FDA has determined thatan e-liquid product ismisbranded under section 903(a)(7)(B) of the FD&C Act (21 U.S.C. § 387c(a)(7)(B)) because you distributed a free sample of this product.
 
Free Sample Violation
 
FDA’s investigation of the website http://www.northernlightsvapor.com revealed that you distributed afree sampleof an e-liquid product. Specifically, during our investigation of http://www.northernlightsvapor.com, you distributed a free sample of Northern Lights Vapor Blue Dream e-liquid from the website. No retailer may distribute or cause to be distributed free samples of cigarettes, cigarette tobacco and/or roll-your-own tobacco, smokeless tobacco, or other tobacco products under 21 C.F.R. § 1140.16(d)(1), except smokeless tobacco products in a qualified adult-only facility in accordance with 21 C.F.R. § 1140.16(d)(2)(iii). 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 a free sampleof this product is distributed from the website in violation of 21 C.F.R. § 1140.16(d)(1), thisproduct is 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 violation discussed in this letter does not necessarily constitute an exhaustive list. You should immediately correct the violation that is referenced above, as well as violations that are the same as or similar to the one 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, RW1700750, 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:
 
Domains By Proxy, LLC
Northernlightsvapor.com@domainsbyproxy.com
 
GoDaddy.com, LLC
abuse@godaddy.com
 
Vivio Technologies
Mark Keymer
abuse@viviotech.net
mark@viviotech.net
 
Northern Lights Vapor, LLC
Attn: Rick Rouse and Cat Tierney
2309 Lafayette Blvd.
Fredericksburg, VA 22401
northernlightsvapor@icloud.com