NYX E Cigarettes Incorporated

CLOSEOUT LETTER NYX E Cigarettes Incorporated MARCS-CMS 605739 — June 25, 2021 More Warning Letters Warning Letters About Warning and Close-Out Letters Delivery Method: VIA Electronic Mail Reference #: RW2001278 Product: Tobacco Recipient: Recipient Name Michael Blanca NYX E Cigarettes Incorporated United States support@nyxecigs.com sales@nyxecigs.com Issuing Office: Center for Tobacco Products United States Dear Michael Blanca: The United States Food and Drug Administration’s (FDA) Center for Tobacco Products has completed an evaluation of your corrective actions included in your response dated July 13, 2020, in response to our Warning Letter dated March 27, 2020. Based on our evaluation, it appears that you have taken steps to address the violations contained in the Warning Letter regarding your website https://www.nyxecigs.com. This letter does not relieve you or your firm from the responsibility of taking all necessary steps to ensure sustained compliance with the Federal Food, Drug, and Cosmetic 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. Sincerely, /S/ David Rice Branch Chief Division of Promotion, Advertising, and Labeling Office of Compliance and Enforcement Center for Tobacco Products VIA Electronic Mail cc: Domains By Proxy, LLC NYXECIGS.COM@domainsbyproxy.com GoDaddy.com, LLC abuse@godaddy.com Shopify, Inc. abuse@shopify.com Content current as of: 06/28/2021 Regulated Product(s) Tobacco