WASHINGTON, DC — Today, the Food & Drug Administration and the Federal Trade Commission announced that they had jointly sent thirteen warning letters to manufacturers, distributors, and retailers of flavored vapor products, alleging violations of both the Food, Drug, and Cosmetic Act and the Federal Trade Commission Act.
The recipients of the letters include NEwhere Inc. (One Mad Hit Juice Box), Drip More, LLC (Candy King), and other companies that produce or sell e-liquid with packaging that appear to be directly inspired by what the FDA calls “kid-friendly food products.” The FDA and FTC cite the products’ potential appeal to children, including the risk that a child could incorrectly believe that the products are intended to be ingested, as a reason for acting. Both agencies have requested responses from the targeted companies detailing actions taken to address the concerns outlined in the letters, with further action to follow if the violations are not corrected.
The 13 warning letters FDA issued today to companies selling e-liquids that resemble kid-friendly food products are part of an ongoing effort to protect youth from the dangers of nicotine and tobacco products: https://t.co/ixP9sObYNz pic.twitter.com/OJ0Z1xUJpL
— FDA Tobacco (@FDATobacco) May 1, 2018
The warning letters follow recent FDA investigations of retailers nationwide, with particular attention to products manufactured by Juul Labs. Actions taken by the FDA in April included sending warning letters to retailers believed to be selling Juul devices to minors, and a letter requiring Juul Labs to provide documents that the agency hopes will help in understanding high rates of teen use.
The FDA’s announcement can be viewed here.
Gregory Conley, President of the American Vaping Association, commented on the FDA’s action:
“Flavors are critically important to helping adults quit smoking, but that is no excuse for crass, bottom feeding marketing that violates US trademark laws. While we applaud this particular crackdown by the FDA, we are concerned that the agency will expand their campaign to include responsibly marketed flavored products that are popular with adults looking for alternatives to combustible cigarettes.”
“Thus far, FDA Commissioner Scott Gottlieb has wisely focused his Youth Tobacco Prevention Plan on cracking down on youth access to nicotine products. Adding predatory marketing to his list is a sound move. Nonetheless, we are disappointed that the FDA is continuing to neglect its obligation to focus on adults as well, as the FDA still refuses to inform adult smokers that vapor products are far less harmful than cigarettes.”
Conley also offered comments to the Washington Post.
About the American Vaping Association
The American Vaping Association is a nonprofit organization that advocates for fair and sensible regulation of vapor products, otherwise known as electronic cigarettes, with the goal of maximizing the number of adult smokers who use these products to quit smoking. The AVA was founded by Gregory Conley, a consumer and industry advocate with a long track record of advocating for vapor products dating back to 2010.
We are dedicated to educating the public and government officials about public health benefits offered by vapor products, which are battery-powered devices that heat a liquid nicotine or nicotine-free solution and create an inhalable vapor. The AVA is not a trade group and does not speak for any particular businesses, including our industry sponsors.