Vaping companies targeted for alleged deceptive marketing

FDA & FTC Target Vaping Companies for Alleged Deceptive Marketing

The Food & Drug Administration and the Federal Trade Commission announced that they had jointly sent thirteen warning letters to manufacturers, distributors, and retailers of flavored vapor products, alleging violations of both the Food, Drug, and Cosmetic Act and the Federal Trade Commission Act.

The recipients of the letters include NEwhere Inc. (One Mad Hit Juice Box), Drip More, LLC (Candy King), and other companies that produce or sell e-liquid with packaging that appear to be directly inspired by what the FDA calls “kid-friendly food products.” The FDA and FTC cite the products’ potential appeal to children, including the risk that a child could incorrectly believe that the products are intended to be ingested, as a reason for acting.

Both agencies have requested responses from the targeted companies detailing actions taken to address the concerns outlined in the letters, with further action to follow if the violations are not corrected.