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
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
Candy King Batch/Candy King Sour Worms
Patches by Candy Co.
V'Nilla Cookies & Milk
Vape Heads Sour Smurf Sauce
Chill Purple Grape*
Frank 'N Vape*
* 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.
- November 2018: FDA warns company for selling e-liquids that resemble kid-friendly foods as part of the agency’s ongoing Youth Tobacco Prevention Plan
- August 2018: Companies cease sales of e-liquids with labeling or advertising that resembled kid-friendly foods following FDA, FTC warnings
- May 2018: FDA warns more companies to stop misleading kids with e-liquids that resemble kid-friendly foods as part of Youth Tobacco Prevention Plan
- May 2018: FDA, FTC take action against companies misleading kids with e-liquids that resemble children’s juice boxes, candies and cookies
- Images from Summer 2018 E-Liquid Warning Letters (archive)
- Images from FTC/FDA E-Liquid Warning Letters: Printable PDF
- FDA's Youth Tobacco Prevention Plan
- Vaporizers, E-Cigarettes, and other Electronic Nicotine Delivery Systems (ENDS)
- ANPRM for Nicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, Nicotine-Containing E-Liquid(s), and Other Tobacco Products