Cosmic Fog Vapors LLC d/b/a Next Day Vapor Products

CLOSEOUT LETTER Cosmic Fog Vapors LLC d/b/a Next Day Vapor Products MARCS-CMS 553063 — July 13, 2018 More Warning Letters Warning Letters About Warning and Close-Out Letters Recipient: Cosmic Fog Vapors LLC d/b/a Next Day Vapor Products United States Issuing Office: United States Center for Tobacco Products 10903 New Hampshire Avenue Silver Spring, MD 20993 July 13, 2018 VIA UPS and Electronic Mail Robert Crossley Cosmic Fog Vapors LLC d/b/a Next Day Vapor Products 3115 Airway Ave Costa Mesa, CA 92626 cosmicfogvapors@gmail.com RE: Warning Letter issued to Cosmic Fog Vapors LLC d/b/a Next Day Vapor Products (RW1800858) Dear Robert Crossley: On May 1, 2018, the United States Food and Drug Administration’s (FDA) Center for Tobacco Products (CTP) issued you a Warning Letter informing you that your Whip’d Strawberry e-liquid product is misbranded under section 903(a)(1) and/or 903(a)(7)(A) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) because its labeling and/or advertising is false or misleading. Specifically, FDA determined that the labeling and/or advertising of your Whip’d Strawberry e-liquid is misleading under section 903(a)(1) and/or 903(a)(7)(A) of the FD&C Act because it causes the product to imitate food products, particularly ones that are marketed toward, and/or appealing to, children. On May 7, 2018, you sent FDA a response to the Warning Letter. In response to the Warning Letter, you stated that you implemented corrective actions to address the violation identified in the Warning Letter. Based on our evaluation, it appears that you have taken steps to address the violation identified in the Warning Letter. This letter does not relieve you or your firm from the responsibility of taking all necessary steps to ensure sustained compliance with the FD&C Act and its implementing regulations or with other relevant legal authority. This letter also will not preclude any regulatory action should violations be observed in the future. Should you have any questions or concerns, please contact me at (301) 796-9235 or by email at elenita.ibarrapratt@fda.hhs.gov . Sincerely, /S/ Ele Ibarra-Pratt Division Director Office of Compliance and Enforcement Center for Tobacco Products VIA Electronic Mail cc: Jeffrey Nelson Cosmic Fog Vapors jeff@cosmicfogvapors.com Jonny Tabares Next Day Vapor Products jonny@cosmicfogvapors.com Go Daddy, LLC abuse@godaddy.com Amazon Technologies Inc. abuse@amazonaws.com Content current as of: 08/23/2018