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FDA and FTC Take Enforcement Action on E-Liquids That Resemble Foods
Thursday, May 3, 2018
  • FDA has joined the Federal Trade Commission (FTC) in issuing warning letters to 13 companies that market nicotine-containing e-liquids in packaging that has the appearance of being foods that appeal to children, such as juice boxes, candies, and cookies.
  • FDA and FTC took action based on the risk that consumers, especially children, may confuse the e-liquid products as foods and noted that ingesting e-liquids could result in serious harm or death.  In some letters, FDA stated that the e-liquids were sold to minors in violation of Section 903(a)(7)(B) of the Federal Food, Drug and Cosmetic Act.
  • These warning letters indicate that FDA may be pursuing the elimination of flavored e-liquids to curb the use of vapor products by youth.  
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