On November 29, the Food and Drug Administration issued a warning letter to an e-liquid company for allegedly selling products with labeling and advertising causing the products to resemble kid-friendly products, including cereal and candy.  The products are alleged to be misbranded under Section 903 of the Food, Drug and Cosmetic Act because their labeling and/or advertising are false and misleading. 

For example, the labeling and advertising of one product are alleged to imitate a popular cereal with kids.  In addition, the products’ labeling include statements that are allegedly similar to a food Nutrition Facts label. 

The company was also cited for allegedly selling products to minors, for failing to register its products, and for selling new tobacco products without premarket authorization.

This action follows on the heels of FDA warning letters over the summer to 17 other sellers of e-liquids that allegedly look like juice boxes, candy and cookies and allegedly have the potential to be confused with these products by a child.

The warning letter gives the company 15 business days to respond and states that the failure to correct the alleged violations could result in further action, including seizure of the products and injunction against further sale.