In July 2020, FDA issued seven warning letters to companies that sell or distribute unauthorized e-liquid products targeted to youth or likely to promote use by youth. The warning letters were sent to companies marketing e-liquids that imitate packaging for food products that are often marketed and appeal to youth, such as cereal and soda, or feature kid-friendly cartoon characters such as unicorns.
These warning letters are part of FDA’s ongoing enforcement efforts against electronic nicotine delivery system (ENDS) and other deemed tobacco products illegally on the market. The warning letters are also in line with the agency’s stated enforcement priorities against any ENDS product targeted to youth or likely to promote use by youth.
The following companies received a warning letter:
- Hina Singh Enterprises, Inc. (doing business as Just Eliquids Distro Inc.)
- Ohm City Vapes Inc.
- E Cigarette Empire LLC
- Majestic Vapor LLC
- Vape Deal, LLC
- Eleaf USA
- Breazy Inc.
The products in these warning letters are particularly concerning because they appear to imitate food products, or they feature graphic images that imitate cartoons that are commonly marketed toward and/or appealing to children.
“Juice Man USA – Cherry Lime Cola” marketed by Hina Singh Enterprises, Inc. d/b/a Just Eliquids Distro Inc.
“Original Cinnaroo by Cloud Thieves” marketed by Ohm City Vapes Inc.
“Drip Fried Cream Cakes By Fryd” marketed by E Cigarette Empire LLC
“Steep Vapors – Pop Deez” marketed by Majestic Vapor LLC
“Strawberry Churrios by The Milkman” marketed by Vape Deal, LLC
“Yami Vapor Ninja Man” marketed by Eleaf USA
“Unicorn Frappe – Juice Man” marketed by Breazy Inc.
FDA continues to monitor youth use of all ENDS products and will continue to use the agency’s regulatory authority to further ensure all tobacco products, and e-cigarette products, are not marketed to, sold to, or used by youth.
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.
In 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.
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.
- July 2020: FDA Notifies Companies, Including Puff Bar, to Remove Flavored Disposable E-Cigarettes and Youth-Appealing E-Liquids from Market for Not Having Required Authorization
- 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 November 2018 E-Liquid Warning Letters (archive)
- 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