Indus Enterprises, Inc. d/b/a Texas Jasmine 8/27/12

AUG 27, 2012

VIA UPS

Indus Enterprises, Inc.
d/b/a Texas Jasmine
Attn: Zulfiqar A. Momin
7051 Southwest Freeway
Houston, Texas 77074
sales@texasjasmine.com

WARNING LETTER

Dear Mr. Momin:

The Center for Tobacco Products of the Food and Drug Administration (FDA) recently reviewed your websites, http://www.TJonlinestore.com, http://www.TexasJasmine.com, and http://www.TexasJasmine.net, and determined that your cigarette products and smokeless tobacco products listed there are promoted for sale in the United States.  FDA believes these websites are affiliated with one another because each website contains information regarding your wholesale establishment Texas Jasmine located at 7051 Southwest Freeway, Houston, TX  77074.  Under section 201(rr) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. § 321(rr)), as amended by the Family Smoking Prevention and Tobacco Control Act, these products are tobacco products because they are made or derived from tobacco and intended for human consumption.  Certain tobacco products, including cigarettes and smokeless tobacco, are subject to FDA jurisdiction under section 901(b) of the FD&C Act (21 U.S.C. § 387a(b)).

FDA has determined that several of your tobacco products that are distributed or offered for sale are misbranded under section 903 of the FD&C Act (21 U.S.C. § 387c). You can find the FD&C Act through links on FDA’s homepage at http://www.fda.gov.

You describe products that you promote for sale on your websites as being light and ultra light by referring to them as such in product advertising and adding the qualifiers “Light” and “Ultra Light” to the product names.  Specifically, our review of your websites revealed that you promote for sale the following cigarettes: “American Spirit Light/Mellow Kings Box,” “Basic Ultra Light/Blue 100 Box,” “Camel Light/ Blue Kings Box,” “Doral Light Kings Box” (Gold Box), “L&M Light/Blue 100 Box,” “Marlboro 72S Ultra Light/Silver Box,” “Marlboro Light/Gold 100 Box,” “Pall Mall Light/Blue 100 Box,” “Parliament Light 100 Box,” “Virginia Slim Light/Gold 100 Box,” and “Winston Ultra Light100 Box” (White Box), among others.   

Cigarettes with labels, labeling, or advertising that uses the descriptor “light,” “mild,” or “low,” or a similar descriptor are misbranded under section 903 of the FD&C Act (21 U.S.C. § 387c), in that the descriptive terms are false and/or misleading.  Labeling or advertising cigarettes as “light,” “mild,” or “low,” is misleading to consumers.  Congress has found many smokers mistakenly believe that “light” cigarettes cause fewer health problems than other cigarettes.  

Because your websites use the descriptors “Light” and “Ultra Light” or similar descriptors for the above-listed products, the products are misbranded under section 903 of the FD&C Act (21 U.S.C. § 387c). 

You should immediately correct the violations stated above and take any necessary actions to bring your tobacco products into compliance with the FD&C Act. The violations discussed in this letter do not necessarily constitute an exhaustive list, and it is your responsibility to ensure that your tobacco products on these websites, any other websites you own, operate, and/or control, that sell FDA regulated tobacco products comply with the applicable provisions of the FD&C Act.  Failure to ensure full compliance with the FD&C Act may result in FDA initiating further action without notice, including, but not limited to, civil money penalties, criminal prosecution, seizure, and/or injunction.  Please note that adulterated and misbranded tobacco products offered for importation into the United States are subject to detention and refusal of admission.

Please submit a written response to this letter within 15 working days from the date of receipt describing your corrective actions, including the dates on which you discontinued the violative promotion, advertising, sale, and/or distribution of these tobacco products. 

Please note your reference number, RW1200010, in your response and direct your response to the following address:

PAL-WL Response, Office of Compliance and Enforcement
FDA Center for Tobacco Products
9200 Corporate Boulevard
c/o Document Control Center
Rockville, Maryland 20850 

If you have any questions about the content of this letter, please contact Ele Ibarra-Pratt at (301) 796-9235.

Sincerely,

/S/

Ann Simoneau, J.D.
Director
Office of Compliance and Enforcement
Center for Tobacco Products

VIA USPS, UPS, and Electronic Mail

cc:

Indus Enterprises, Inc.
C/O 5615 Richmond Avenue, Suite 230
Houston, TX  77057

Texas Jasmine
Attn:  Texasjasmine.com
c/o Network Solutions
PO BOX 459
Drums, PA  18222

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