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Re: Magnum7419 post# 69922

Monday, 06/03/2019 1:27:28 PM

Monday, June 03, 2019 1:27:28 PM

Post# of 86313
If they sell the derivatives then they obviously endorse it.

Sales to Minors Violation

FDA’s investigation of the website http://www.cigawatt.com

External Link Disclaimer
revealed that you sold an e-liquid product to a minor. Specifically, during our investigation of http://www.cigawatt.com
External Link Disclaimer
, a person younger than 18 years of age purchased Vaporlush Fog Sauce 10 Cent e-liquid from your website.

No retailer may sell covered tobacco products, including e-liquid, cigar, pipe tobacco, waterpipe tobacco, and dissolvable tobacco products, as well as electronic nicotine delivery system (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 product cited in this violation is a “covered tobacco product.” 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 this product is sold or distributed to persons younger than 18 years of age in violation of 21 C.F.R. § 1140.14(b), this product is misbranded under section 903(a)(7)(B) of the FD&C Act (21 U.S.C. § 387c(a)(7)(B)).

https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/cigawatt-llc-546330-02092018
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