FDA Sends More Letters for E-liquid Packaged like Food

Warning by FDA re: Frank N Vape (Source: FDA)

On May 10, 2018 the Federal Drug Administration (FDA) sent 4 letters to manufactures of vape e-liquid regarding 3 products with packaging that mimics popular children’s food.

These letters follow the 13 letters sent previously a week ago.

Frank N Vape by 13th Floor Elevapors

The FDA warning letter states:

The labeling and/or advertising of Frank ‘N Vape e-liquid prominently features the term “Frank N Vape” and includes an illustrated cartoon character that resembles both a strawberry and popular depictions of Frankenstein’s monster, which are substantially similar to the cereal in Exhibit B. Further, Frank ‘N Vape e-liquid has a strong scent like Franken Berry cereal. This labeling and/or advertising causes the product to imitate food products, particularly ones that are marketed toward, and/or appealing to, children, and is therefore misleading. In addition, the use of a cartoon character further enhances its appeal to children and increases the likelihood that the children will ingest the product as a food.

Virtue Vape Unicorn Cakes

The FDA warning letter states:

The labeling and/or advertising also includes cartoon imagery of unicorns eating pancakes in a fanciful landscape, which is substantially similar to graphics/images from My Little Pony, an entertainment franchise marketed toward, and popular among, children (see Exhibit B). The use of this cartoon imagery further enhances its appeal to children and increases the likelihood that children will ingest the product as a food. Additionally, the website describes the product as “[a]n incredible blueberry pancake drenched in strawberry milk.” Further, Unicorn Cakes e-liquid has a strong scent like berries and pancakes.

Chill E-Liquid and VallHund Vapes Purple Grape

The FDA warning letter states:

Chill Purple Grape e-liquid includes statements and representations, such as “Purple Grape,” “Refreshing Soda Flavor,” an illustration depicting a bunch of purple grapes, as well as a label on the back that is substantially similar to a food Nutrition Facts label. In addition, the labeling and/or advertising of Chill Purple Grape e-liquid includes a cylindrical shape and design that is substantially similar to a soda can; a foil covering on the top of the can that is substantially similar to soda cans in Exhibit B; the appearance of a soda-can tab when the foil covering is removed; and a color scheme that is substantially similar to soda cans in Exhibit B. Further, Chill Purple Grape e-liquid has a strong scent like grape soda.

E-Juice Poisoning

A fatal overdose from nicotine ingestion is noted to occur in adults in as low as 30-60mg. A mere teaspoon of 6mg/ml e-liquid contains 30mg of nicotine, possibly fatal to children.

The combination of potential fatal doses from a single teaspoon, mimicking foods and flavors popular to children, and scenting the liquid to smell like food was enough for the FDA to warn these products are misleading and potentially dangerous.

E-Cig Vape Battery Lawyers

Contact the lawyers at Levin Simes if you have any questions regarding e-cig vape products, including e-juice poisoning. Our attorneys specialize in representing clients injured by vape devices and vape products from children poisoning from e-juice to vape battery explosions. Reach us at (415) 426-3000, info@levinsimes.com, or through this website form or chat.

If you want to learn more about e-cig devices and safety, start here:

• E-Cig Battery Explosions
• Vape Battery Explosions in the News
• Vape Battery Fire
• E-Liquid FDA Letters, May 1 2018