US FDA clamps down on e-liquid products that resemble candy packaging

By Jenny Eagle contact

- Last updated on GMT

US FDA claims Vape Heads Sour Smurf Sauce resembles War Heads candy.
US FDA claims Vape Heads Sour Smurf Sauce resembles War Heads candy.
The US Food and Drug Administration and the Federal Trade Commission (FTC) says it has sent 13 warning letters to manufacturers, distributors, and retailers for misleading kids with e-liquids that resemble children’s juice boxes, candies and cookies.

It claims some of the e-liquids used in e-cigarettes contains labeling or advertising that looks like kid-friendly food products, and some of them with cartoon-like imagery. 

Golden Oreo cookies

Example of products include: “One Mad Hit Juice Box,” resembling children’s apple juice boxes, such as Tree Top-brand juice boxes; “Vape Heads Sour Smurf Sauce,” similar to War Heads candy; and “V'Nilla Cookies & Milk,” which resembles Nilla Wafer and Golden Oreo cookies. 

Other products include “Whip’d Strawberry,” similar to Reddi-wip dairy whipped topping, and “Twirly Pop,” which resembles a Unicorn Pop lollipop. 

No child should be using any tobacco product, and no tobacco products should be marketed in a way that endangers kids – especially by using imagery that misleads them into thinking the products are things they’d eat or drink​,” said Scott Gottlieb, FDA Commissioner. 

Gottlieb added, its easy to see how a child could confuse e-liquid products for something they believe they’ve consumed before – like a juice box. 

Companies selling these products have a responsibility to ensure they aren’t putting children in harm’s way or enticing youth use, and we’ll continue to take action against those who sell tobacco products to youth and market products in this egregious fashion​.” 

Youth Tobacco Prevention Plan

The warning letters are part of a joint effort to protect young people from the dangers of nicotine and tobacco products as part of the FDA’s Youth Tobacco Prevention Plan. 

The FDA said it will continue to address these issues from every angle and take a series of actions under the Youth Tobacco Prevention Plan, starting with JUUL products. 

It started its investigation of tobacco product labeling and advertising that are appealing to children last year. 

The products noted in the warning letters are considered misbranded in violation of the Federal Food, Drug, and Cosmetic Act because their labeling and/or advertising imitating kid-friendly foods is false or misleading (as per Section 5 of the Federal Trade Commission Act). 

The FDA and the FTC have requested responses from each of the companies within 15 working days. 

Failure to correct violations may result in further action such as seizure or injunction. 

ConfectioneryNews has contacted eLiquidretail for comment.

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