E-Liquids Misleadingly Labeled or Advertised as Food Products

In November 2018, FDA issued a warning letter to Electric Lotus, LLC for selling e-liquids used in e-cigarettes that resemble kid-friendly foods, such as cereal, candy, and PB&J. The company was also cited for illegally selling products to a minor, for failing to list its products with the FDA, and for selling e-liquids without the required FDA premarket authorization.

The warning letter follows actions taken this summer by the FDA—many in partnership with the Federal Trade Commission—against 17 other makers and sellers of nicotine-containing e-liquids that looked like juice boxes, candy, and cookies and had the potential to be confused with these ordinary products by a child.

Electric Lotus, LLC, products cited include:

Cereal Treats Crunch

Cereal Treats Charms

Cereal Treats Krispies

Cereal Treats Loopz

Dripflavors Sour Apple Kiwi Gummy Salt

Dripflavors Strawberry Lemonade Salt

Heavy Custard Unicorn Cake

Jammin Berries Blueberry Jam

Jammin Berries Peanut Jamz Raspberry

Summer 2018

FDA and the Federal Trade Commission (FTC) issued warning letters 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.

Manufacturers of e-liquids marked with an asterisk received warning letters from FDA only, and not the FTC. Below is a list of the companies and products included in the 17 warning letters:

Update: In response to receiving the FDA and FTC warning letters, every product listed below was removed from the market.

One Mad Hit Juice Box

NEwhere Inc. d/b/a Mad Hatter Juice

Candy King Batch/Candy King Sour Worms

Patches by Candy Co.

ACH Group, LLC d/b/a Candy Co E-Liquids

Pink Sticks

V'Nilla Cookies & Milk

Whip'd Strawberry

Twirly Pop

Omnia E-Liquid

Vape Heads Sour Smurf Sauce

Unicorn Cakes*

Virtue Vape, LLC

Chill Purple Grape*

Frank 'N Vape*

13th Floor Elevapors, LLC

* Manufacturers of e-liquids marked with an asterisk received warning letters from FDA only, and not the FTC.

FDA's Youth Prevention Plan

The warning letters issued to these companies are just one aspect of FDA's Youth Tobacco Prevention Plan. The agency continues to enforce important existing regulations specifically aimed at addressing youth access to tobacco products, including e-cigarettes and other vaping products. Protecting our nation's youth from the dangers of tobacco products is among the most important responsibilities of the FDA.

Tobacco Products