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Virtue Vapes was cited for manufacturing and selling electronic nicotine delivery system (ENDS) products without required premarket authorization under the Family Smoking Prevention and Tobacco Control Act. The FDA determined that the company's products, listed on their website and offered for distribution in the United States, are subject to FDA jurisdiction as tobacco products containing nicotine and must comply with Federal Food, Drug, and Cosmetic Act requirements. The company failed to obtain a marketing authorization order under section 910 of the FD&C Act, which is required for any "new tobacco products" not commercially marketed in the United States prior to February 15, 2007.