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CMM Capital, LLC d/b/a ETX Vape was cited for manufacturing and distributing e-liquid tobacco products without required premarket authorization under the Family Smoking Prevention and Tobacco Control Act. The company's e-liquids, sold through their website etxvape.com, were deemed tobacco products subject to FDA jurisdiction but lacked the necessary marketing authorization orders required for "new tobacco products" under section 910 of the Federal Food, Drug, and Cosmetic Act. The FDA determined these products were adulterated and misbranded as they did not comply with applicable tobacco product regulations that became effective August 8, 2016.