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Priority review Enforcement Amended Final

FDA Warns Shopcalismokes.com Over Unauthorized Zyn Nicotine Pouches

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Summary

The FDA Center for Tobacco Products issued a warning letter to shopcalismokes.com (Farmington Hills, MI) for offering for sale or distribution two new tobacco products—Zyn Pouches Slim Cool Skittle 15mg and Zyn Pouches Slim Fizzy Cola 15mg—without the required marketing authorization order under Section 910 of the Federal Food, Drug, and Cosmetic Act. FDA determined the products are adulterated under Section 902(6)(A) and misbranded under Section 903(a)(6) of the FD&C Act. The letter requests a written response within 15 working days describing corrective actions.

“All new tobacco products on the market without the statutorily required premarket authorization are marketed unlawfully and are subject to enforcement action at FDA's discretion.”

FDA , verbatim from source
Why this matters

Online sellers distributing nicotine pouches and similar tobacco products should audit whether their products have obtained FDA marketing authorization under Section 910. FDA's letter explicitly references a Searchable Tobacco Products Database where authorized products are listed. The 15 working day response deadline and the explicit statement that unauthorized products are subject to enforcement action at FDA's discretion indicate the agency is actively scrutinizing this distribution channel. Other online tobacco retailers should treat this as a compliance signal rather than an isolated enforcement action against a single firm.

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What changed

FDA determined that shopcalismokes.com markets new tobacco products lacking premarket authorization—specifically Zyn Pouches Slim Cool Skittle 15mg and Zyn Pouches Slim Fizzy Cola 15mg. Under Section 910 of the FD&C Act, new tobacco products not commercially marketed before February 15, 2007 require a marketing authorization order to be legally sold. These products lack such authorization and are therefore adulterated and misbranded under the FD&C Act.

Retailers and distributors of nicotine pouch products, including those sold online to U.S. customers, should review their inventory for authorized products. FDA has stated that all new tobacco products on the market without statutorily required premarket authorization are marketed unlawfully and subject to enforcement action at FDA's discretion. Firms that fail to address violations may face civil money penalties, seizure, and/or injunction.

What to do next

  1. Submit a written response within 15 working days from the date of receipt describing your actions to address any violations and bring these products into compliance, including the dates on which you discontinued the violative sale and/or distribution of these tobacco products and your plan for maintaining compliance with the FD&C Act.

Archived snapshot

Apr 22, 2026

GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.

Delivery Method: VIA UPS and Electronic Mail Reference #: RW2602402 Product: Tobacco Recipient: shopcalismokes.com 29598 Orchard Lake Road
Farmington Hills, MI 48334
United States

calismokes19@gmail.com Issuing Office: Center for Tobacco Products United States

April 10, 2026

WARNING LETTER

To Whom It May Concern:

The Center for Tobacco Products of the U.S. Food and Drug Administration (FDA) recently reviewed the website https://shopcalismokes.com and determined that nicotine pouch products listed there are offered for sale or distribution to customers in the United States.

Under section 201(rr) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. § 321(rr)), these products are tobacco products because they are made or derived from tobacco or contain nicotine from any source and intended for human consumption. Certain tobacco products, including nicotine pouch products, are subject to FDA jurisdiction under section 901(b) of the FD&C Act (21 U.S.C. § 387a(b)) and 21 C.F.R. § 1100.1 and are required to be in compliance with the requirements in the FD&C Act.

Generally, to be legally marketed in the United States, the FD&C Act requires “new tobacco products” to have a premarket authorization order in effect. A “new tobacco product” is any tobacco product that was not commercially marketed in the United States as of February 15, 2007, or any modified tobacco product that was commercially marketed after February 15, 2007 (section 910(a) of the FD&C Act; 21 U.S.C. § 387j(a)). Generally, a marketing authorization order under section 910(c)(1)(A)(i) of the FD&C Act (21 U.S.C. § 387j(c)(1)(A)(i)) is required for a new tobacco product unless (1) the manufacturer of the product submitted a report under section 905(j) of the FD&C Act (21 U.S.C. § 387e(j)) and FDA issues an order finding the product substantially equivalent to a predicate tobacco product (section 910(a)(2)(A) of the FD&C Act) or (2) the manufacturer submitted a report under section 905(j)(1)(A)(ii) of the FD&C Act (21 U.S.C. § 387e(j)(1)(A)(ii)) and all modifications are covered by exemptions from the requirements of substantial equivalence granted by FDA under section 905(j)(3) of the FD&C Act (21 U.S.C. § 387e(j)(3)).

New Tobacco Products Without Required Marketing Authorization Are Adulterated and Misbranded

FDA has determined that you offer for sale or distribution to customers in the United States nicotine pouch products that lack a marketing authorization order: Zyn Pouches Slim – Cool Skittle 15mg and Zyn Pouches Slim – Fizzy Cola 15mg.

The tobacco products listed above are new tobacco products because they were not commercially marketed in the United States as of February 15, 2007. These products do not have FDA marketing authorization orders in effect under section 910(c)(1)(A)(i) of the FD&C Act and are not otherwise exempt from the marketing authorization requirement. Therefore, these products are adulterated under section 902(6)(A) of the FD&C Act (21 U.S.C. § 387b(6)(A)). In addition, they are misbranded under section 903(a)(6) of the FD&C Act (21 U.S.C. § 387c(a)(6)) because a notice or other information respecting these products was not provided as required by section 905(j) of the FD&C Act (21 U.S.C. § 387e(j)).

Conclusion and Requested Actions

FDA has determined that your firm markets new tobacco products in the United States that lack premarket authorization. All new tobacco products on the market without the statutorily required premarket authorization are marketed unlawfully and are subject to enforcement action at FDA’s discretion.

For a list of all products that have been authorized by the FDA and certain others that may be legally marketed, please visit the Searchable Tobacco Products Database: https://www.fda.gov/searchtobacco.

It is your responsibility to ensure that all tobacco products you sell and/or distribute in the United States and all related labeling and/or advertising on any websites or other media (such as ecommerce, social networking, or search engine websites), and in any retail establishments in which you advertise, comply with each applicable provision of the FD&C Act and FDA’s implementing regulations. Failure to address any violations of the FD&C Act, 21 U.S.C. § 301 et seq., or its implementing regulations relating to tobacco products including the tobacco regulations in 21 C.F.R. Parts 1140, 1141, and 1143, may lead to regulatory action, including, but not limited to, civil money penalties, seizure, and/or injunction. However, this Warning Letter does not constitute “written notice” for purposes of section 303(f)(9)(B)(i)(II) of the FD&C Act. Please note that tobacco products offered for import into the United States that appear to be adulterated and/or misbranded may be detained or refused admission.

The violations discussed in this letter do not necessarily constitute an exhaustive list. You should take prompt action to address any violations that are referenced above and take any necessary actions to bring these tobacco products into compliance with the FD&C Act.

Please submit a written response to this letter within 15 working days from the date of receipt describing your actions to address any violations and bring these products into compliance, including the dates on which you discontinued the violative sale and/or distribution of these tobacco products and your plan for maintaining compliance with the FD&C Act. If you believe that these products are not in violation of the FD&C Act, include your reasoning and any supporting information for our consideration. This letter notifies you of our findings and provides you with an opportunity to address them. You can find the FD&C Act through links on FDA’s homepage at https://www.fda.gov.

Please note your reference number, RW2602402, in your response and direct your response via email at CTPCompliance@fda.hhs.gov and to the following address:

DPAL-WL Response, Office of Compliance and Enforcement
FDA Center for Tobacco Products
c/o Document Control Center
Building 71, Room G335
10903 New Hampshire Avenue
Silver Spring, MD 20993-0002

If you have any questions about the content of this letter, please contact CTPCompliance@fda.hhs.gov.

Sincerely,
/S/

Ele Ibarra-Pratt
Acting Director
Office of Compliance and Enforcement
Center for Tobacco Products

VIA Electronic Mail

cc:

Contact Privacy Inc. Customer 0160924129
shopcalismokes.com@contactprivacy.com

Tucows Domains Inc.
domainabuse@tucows.com

Shopify, Inc.
abuse@shopify.com

  • ## Content current as of:

04/21/2026

  • Regulated Product(s)

    • Tobacco

CFR references

21 C.F.R. § 1100.1 21 C.F.R. Part 1140 21 C.F.R. Part 1141 21 C.F.R. Part 1143

Named provisions

Section 910 - Application for Review of Certain Tobacco Products Section 902 - Adulterated Tobacco Products Section 903 - Misbranded Tobacco Products

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Last updated

Classification

Agency
FDA
Filed
April 10th, 2026
Instrument
Enforcement
Branch
Executive
Legal weight
Binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Retailers
Industry sector
4541 E-Commerce
Activity scope
Tobacco product sales Marketing authorization compliance
Geographic scope
United States US

Taxonomy

Primary area
Consumer Protection
Operational domain
Regulatory Affairs
Topics
Product Safety Public Health

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