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FDA Goes After Company for Selling e-Liquids that Resemble Kid-Friendly Foods

The U.S. Food and Drug Administration has issued a warning letter to Electric Lotus LLC for…

  • December 18, 2018

The U.S. Food and Drug Administration has issued a warning letter to Electric Lotus LLC for selling nicotine-containing e-liquids used in e-cigarettes with labeling and/or advertising that cause them to resemble kid-friendly food products, such as cereal, candy and peanut butter and jelly.

The action is part of the agency’s ongoing effort to protect kids from tobacco products.

Electric Lotus is a manufacturer, distributor and retailer, based in Redlands, California.

It 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.

The warning letter follows actions taken this summer by the FDA — many in partnership with the Federal Trade Commission – against 17 other makers and sellers of nicotine-containing e-liquids that looked like juice boxes, candy and cookies and had the potential to be confused with these ordinary products by a child.

E-Liquids Designed to Appeal to Kids

The products outlined in the new warning letter, include, for example: “Cereal Treats Crunch,” which resembles Cinnamon Toast Crunch cereal products; “Cereal Treats Loopz,” which looks like Froot Loops cereal; “Cereal Treats Charms,” which resembles Lucky Charms cereal products; and “Cereal Treats Krispies,” which looks like Rice Krispies Treats cereal.

Many of these products have cartoon characters on their labeling and/or advertising. Additional products include those such as “Jammin Berries Peanut Jamz Raspberry,” which resembles Smucker’s Goober Strawberry PB&J Stripes and “Dripflavors Strawberry Lemonade Salt,” which looks like Life Savers candy products.

All of the products identified in the warning letter are adulterated and misbranded because they do not have required FDA premarket authorization.

Additionally, the products are not subject to the FDA’s current compliance policy regarding enforcement of the premarket authorization requirements because they were introduced after Aug. 8, 2016 – the effective date of the final deeming rule.

The products are also misbranded under the Federal Food, Drug, and Cosmetic Act (FD&C Act) because their labeling and/or advertising imitate kid-friendly foods, which is misleading.

Some of the products are also misbranded because the company failed to include these products in a product list as required under the FD&C Act.

The FDA has requested that the company respond within 15 working days to describe how it intends to address the agency’s concerns. Failure to correct violations may result in further action such as seizure or injunction.

In addition, misbranded or adulterated products imported into the United States are subject to detention and refusal of admission.

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