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Mochivap was cited for offering electronic nicotine delivery system (ENDS) products for sale in the United States without required premarket authorization, violating the Federal Food, Drug, and Cosmetic Act. The FDA determined that products listed on mochivap.com and dahuoo.com constitute tobacco products subject to FDA jurisdiction under the expanded definition that includes any products containing nicotine from any source, following the March 2022 legislative amendment. The company failed to obtain the legally required premarket marketing authorization order for these "new tobacco products" as mandated under section 910 of the FD&C Act.