FDA Warning Letters

Candy King Batch e-Liquid Gets 3 Sellers In Trouble

The latest round of formal warning letters from the U.S. Food and Drug Administration, or FDA, to be made public includes 3 letters to sellers of the e-liquid product sold under the Candy King Batch label.

Candy King Batch e-liquid is “misbranded” and cannot be legally offered in the U.S., says the agency, because its packaging is intentionally designed to mimic an existing, and familiar, food product. And that, adds the agency, makes it just a bit to attractive to children.

FDA says Candy King Batch looks to much like Sour Patch Kids and could me "misleading".
The packaging of Candy King Batch e-liquid is “misleading”, says the FDA, because it too closely resembles that of a candy that is “marketed toward, and/or appealing to, children”.

The Federal Food, Drug, and Cosmetic Act specifically allows the FDA to formally characterize vaping liquids like Candy King Batch as “misbranded” if their labels appear to mimic candy, cereals, juices or other food products. Recently the agency has shown an eagerness to pursue e-liquids that seem to imitate kid-targeted foods, in particular.

The agency credits this new zeal to what it calls a “substantial spike” in nicotine poisoning cases in children in recent years. According to Candy King Batch’s packaging, its nicotine content is sufficient to approach the fatal threshold if a toddler were to consume as little as half a teaspoon.

Formally warned in this round are:

The letters were only recently made public but were sent back in September. As of my visit to the companies’ websites this morning, I found several products at each site that I suspect regulators will take a long look at, but I saw no Candy King Batch.