FDA Warning Letters

FDA Goes After E-Liquids Made To Mimic Juice Boxes, Candy & Kid-Friendly Foods

The U.S. Food and Drug Administration, or FDA, has made public a batch of official warning letters the agency sent recently to sellers hawking e-liquids the agency says are being deliberately packaged to mimic kid-friendly treats like candy, cookies and juice boxes. Not only are these products (and the sellers  who peddle them) in violation of the  Family Smoking Prevention and Tobacco Control Act, the packaging also could fool a child into consuming them, putting children in danger of nicotine overdose.

“Looking at these side-to-side comparisons is alarming,”said FDA Commissioner Scott Gottlieb in  the agency’s press statement. “It is easy to see how a child could confuse these e-liquid products for something they believe they’ve consumed before – like a juice box.”

Here’s an example of a product that is not just made to resemble a juice box, but actually says “Juice Box” on its label – and is packaged with a back label that mimics a nutrition statement:

One Mad Hit Juice Box designed to mimic a child's juice box.

FDA-provided photo of One Mad Hit Juice Box in a side-by-side with the actual juice product it was apparently designed to imitate.

Several of the e-liquids were designed to resemble name-brand candies:

Candy King Batch/Candy King Sour Worms

Candy King Batch/Candy King Sour Worms e-liquids shown next to their actual candy counterparts.

But one was packaged in a way that, at a glance, could easily have it mistaken for a package of cookies from a brand we’re all familiar with:

V'Nilla Cookies & Milk

V’Nilla Cookies & Milk e-liquid product next to name-brand cookies.

Perhaps the oddest, though, is the Whip’d Strawberry e-liquid product. It looks an awful lot like a can of whipped topping:

The Whipd Strawberry e-liquid and its whipped topping counterpart.

The Whipd Strawberry e-liquid and the whipped dessert product it so closely resembles.

In all, 13 nicotine and other vaping products sellers were formally warned about 8 e-liquids. All were given the agency’s normal 15 working days to respond. Those sellers are:

  • On Cloud Vape
  • Robert Crossley and Cosmic Fog Vapors LLC
  • Allen Park and ACH Group, LLC d/b/a Candy Co E-Liquids
  • Albert Shu and Sugoi LLC
  • Michael Eshragh and Omnia E-Liquid
  • Nicholas S. Warrender and Warrender Enterprise Inc. d/b/a Lifted Liquids and E-Liquid Retail
  • Jonathan Nemr and Tinted Brew, Inc.
  • Ultimate Vape Deals
  • John Lau
  • Fog It Up
  • Drip More LLC
  • Elite Vaporworks
  • Ali Esmaili and Jameson Rodgers and NEwhere Inc. d/b/a Mad Hatter Juice

Some of the warning letters go back to April and as of my last check this morning, some of the sellers had pulled down their entire websites while others appear to have removed only the cited e-liquids while leaving similar products up for sale.

A few sellers, however, had done neither and were still clearly featuring the actual e-liquids that earned them a warning letter in the first place.