FDA Issues Warning Letters to Online Retailers for Violating NSE Orders

FDA Center for Tobacco Products 700


This Week in CTP - Updates from the Center for Tobacco Products

FDA has issued Warning Letters to six online retailers for selling across state lines a tobacco product subject to a Not Substantially Equivalent (NSE) Order. Such products are considered misbranded and adulterated at the time the NSE Order is issued. Misbranded and adulterated tobacco products are subject to seizure and cannot be legally sold, received and offered for sale, marketed, or distributed across state lines or imported into the United States. In addition to selling a misbranded and adulterated product, one of the Warning Letters also cited a retailer for Facebook and Twitter advertising that did not include a health warning statement for smokeless tobacco products being featured via their social media channels.

For more information, see our Misbranded and Adulterated NSE Tobacco Products webpage.


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