FDA and the Federal Trade Commission (FTC) issued warning letters this week to companies that misleadingly labeled or advertised nicotine-containing e-liquids as kid friendly food products such as juice boxes, candies, and cookies. E-liquids are dangerous for children, and in fact, young children exposed to nicotine in e-liquids can experience severe harms such as death, seizure, and coma.
Two federal government agencies have issued warning letters to companies that misleadingly labeled or advertised nicotine-containing e-liquids as kid-friendly food products.
E-liquids are dangerous for children, and young children exposed to nicotine in e-liquids can experience severe harms such as death, seizure and coma.
“These are being deliberately designed in ways that they can be just mistakenly confused by a child,” FDA Commissioner Scott Gottlieb, M.D., said Tuesday, May 2.
The FDA and the Federal Trade Commission cited recent data from the National Poison Data System of thousands of nicotine exposures in children younger than 6, who accidentally ingested the vaping liquid.
The agencies sent 13 warning letters to
vaping companies. The letters issued May 1 are one aspect of the FDA’s Youth Tobacco Prevention Plan. The companies have 15 days to respond – to either defend their practices or explain how they will change their labeling – or risk federal action such as fines or prosecution.
Companies receiving the letters this week were:
• NEwhere Inc., d/b/a Madd Hatter Juice for their Juice Box e-liquid
• Drip More, LLC and On Cloud Vape, for Candy King Batch/Candy Sour Worms E-liquid
• ACH Group, LLC d/b/a Candy Co. for their E-liquids
• 7 Daze, LLC and Sugoi LLC d/b/a Sugoi Vapor for their Pink Sticks E-liquid
• Tinted Brew, Inc. and Fog It Up for their V’Nilla Cookies & Milk E-liquid
• Cosmic Fog Vapors d/b/a Next Day Vapor Products and Elite Vapor Works for their Whip’d Strawberry E-liquid
• Omnia E-Liquid for their Twirly Pop E-liquid
• Warrender Enterprise Inc. d/b/a Lifted Liquids and E-Liquid Retail and Ultimate Vape Deals for their Vape Heads Sour Smurf Sauce E-liquid.
“Protecting our nation’s youth from the dangers of tobacco products is among the most important responsibilities of the U.S. Food and Drug Administration – and it’s an obligation I will take personally,” Gottlieb said. “We recognize that if the FDA is to end the tragic cycle of successive generations of nicotine and tobacco addiction, we must take every opportunity to disrupt that process where it starts: youth access to and use of tobacco products.”
Recently the FDA uncovered 40 violations for illegal sales of JUUL products to youth during compliance checks at retail locations across the country. No Minnesota or North Dakota retailers are on the list. The FDA issued warning letters for those violations.
“We’ll hold retailers accountable for continued violations,” he continued. “Let me be clear to retailers. This blitz, and resulting actions, should serve as notice that we will not tolerate the sale of any tobacco products to youth.”
The FDA has contacted eBay about concerns over several listings for JUUL products for sale on its website. The company was swift to remove the listings and voluntarily implemented new measures to prevent new listings from being posted to the web retailer’s site.
The agency is also taking steps to contact manufacturers directly and hold them accountable, and is planning additional enforcement actions focused on companies that they believe are marketing products in ways that are misleading to youth.
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