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Great news!

We are happy to announce that Bidi Vapor has been granted a stay order by the FDA.

Which means all 11 flavors of the BIDI®️ Stick are now legal to market and distribute as the FDA is currently reviewing the previously released MDO.

FDA Blocks Elf Bar, Escobar at Border

Vaping products put on agency’s ‘Red List’

WASHINGTON, D.C. — The U.S. Food and Drug Administration (FDA) has taken bold steps in recent months, using the U.S. Customs and Border Protection agency to stop entry of electronic nicotine delivery systems (ENDS) devices that the agency said are not compliant with its regulations. Among the brands facing such action are Elf Bar and Escobars.

And at press time, the FDA also issued warning letters on Esco Bars and another popular brand, Breeze Smoke. On May 25, 2023, the FDA sent the letters to Shenzen Innokin Technology Co. Ltd. who make Esco Bars products and Breeze Smoke, LLC, who import and distribute Breeze products. These firms have been manufacturing, distributing, and/or importing unauthorized tobacco products in the United States, according to the FDA.

For the border patrol notice, in the case of Elf Bar and Esco Bars , the FDA said those products are “misbranded” because they do not have a marketing order and its manufacturer failed to provide the FDA with required product information.

The FDA also served similar import-detention orders to several U.S. distributors for failing to pay user fees.

The action the FDA took is known as “detention without physical examination” and places the products on what the agency calls a “Red List.” Customs officials at the border can keep these products from entering the United States until the responsible parties produce the necessary records, documentation, or payment to satisfy the FDA.

Calling the devices “new tobacco products,” the FDA said these products “do not have the required FDA marketing authorization [and] are adulterated under section 902(6)(A) of the Food, Drug & Cosmetics Act.”

For a full list of recent FDA detention-order actions, click here.

Esco Bar and Breeze Link:

https://www.fda.gov/tobacco-products/ctp-newsroom/fda-puts-firms-responsible-esco-bars-and-breeze-two-popular-disposable-e-cigarette-brands-notice?utm_campaign=ctp-enforcement&utm_content=CTPStatement&utm_medium=email&utm_source=govdelivery&utm_term=stratcomms

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Clarification of Role of Wholesalers and Distributors

Thank you for signing the Wholesalers and Direct Retailers Agreement & Terms (“Agreement”). By signing this Addendum, you agree to the following clarification of the intent of the Agreement with regard to the Age-Verification process and online sales as it relates to your role as a reseller to another reseller (those that resell to other resellers, herein “Wholesalers”). The following clarification does not apply or modify the terms of the Agreement related to any sales to, or marketing you may make directed to, end user customers of BIDI® Sticks (the “products”). 

With regard preventing underage access to the product and marketing to underage persons, to the extent you do not control the sales practices of your resellers, you agree to act responsibly and comply with your own obligations under the law and in support of the policies in the Agreement in your role as a reseller of the products you purchase and sell under the Agreement. For instance, although you may not control that a cashier checks IDs, you will not sell to those resellers who have a history of selling to minors, as indicated in the FDA’s retailer inspection database. You will not sell and will cease selling to resellers upon knowledge of underage sales of the products or other non-compliance with the law related to sales of such products. 

As a reminder, Kaival Brands Innovations Group, Inc. (“Kaival”) specifically prohibits any sellers at any level from selling the products via online sales to end user customers without prior written approval from Kaival. You as a Wholesaler agree you will not sell to those resellers that you know intend to sell the products online, and you will not permit such activity in terms with resellers or otherwise. 

You will make our requirements for resellers known to those you sell product to, which can include providing them a copy of Bidi Vapor’s Retailer Pledge, and a link to our website where our terms reside and/or passing down policies (including by posting them on an internal ordering portal) so that such resellers are aware of them. All other terms of the Agreement as it relates to Wholesaler shall continue to apply.

Please indicate your agreement by clicking below.

 

Starting July 1, 2023, Bidi Vapor will increase BIDI® Stick price by 25 cents. Stock up now.
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ADVISORY: We will temporarily stop all sales and shipping of Bidi Vapor products from March 27-31, 2021, due to systems upgrades and tax integration. We will resume regular business operations on April 1, 2021.

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