FDA and FTC Warn Against Kid-Friendly Marketing of Vaping Products
The Food and Drug Administration (FDA) and Federal Trade Commission (FTC) has issued 13 warning letters to manufacturers, distributors, and retailers for producing and selling e-liquids used in electronic cigarettes and vaping devices in kid-friendly packaging that resembles products like juice boxes, candy, or cookies. Some of the companies were also cited for illegally selling nicotine and tobacco products for minors.
Late last year, the FDA began investigating tobacco product labeling and advertising that imitates that of food products, especially marketing geared toward children. According to the FDA, products named in these warning letters include “One Mad Hit Juice Box,” “Vape Heads Sour Smurf Sauce,” “V'Nilla Cookies & Milk,” “Whip’d Strawberry,” and “Twirly Pop” – which is actually packaged with a lollipop.
Because the labeling and/or advertising of these products imitate kid-friendly foods, it is considered false, misleading, unfair, and deceptive and is in violation of the Federal Food, Drug, and Cosmetic Act and Section 5 of the Federal Trade Commission Act. The agencies requested a response from each company within 15 working days informing them of specific actions they’re taking to address regulators’ concerns.