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Discreet Vapes was warned for offering electronic nicotine delivery system (ENDS) products for sale on its website without required premarket authorization, in violation of the Federal Food, Drug, and Cosmetic Act. The FDA determined that the company's products are tobacco products subject to FDA jurisdiction because they contain nicotine from any source, including non-tobacco-derived nicotine following the 2022 legislative expansion of the definition. The company failed to obtain the required marketing authorization order under section 910 of the FD&C Act before commercially distributing these "new tobacco products" in the United States.