FDA WARNING_LETTER - 7 Daze, LLC

The FDA and FTC issued a Warning Letter to John Lau regarding the Pink Sticks e-liquid product sold on http://7dazemfg.com. The FDA determined Pink Sticks e-liquid is a tobacco product under the FD&C Act.

The product is deemed misbranded under sections 903(a)(1) and/or 903(a)(7)(A) of the FD&C Act because its labeling and/or advertising is false or misleading. Specifically, the Pink Sticks e-liquid's packaging, imagery, color scheme, and description ("delicious flavor of ripe strawberries into a sweet pink cream that covers crispy cookie biscuit stick") imitate Pocky Strawberry biscuit sticks, a food product appealing to children. The product also has a strong, detectable scent similar to the biscuit sticks. This imitation poses a risk of accidental ingestion by children, leading to potential acute nicotine toxicity, seizures, coma, respiratory arrest, or death, given its 6mg/mL nicotine content and 60mL volume.

The FTC also reviewed the marketing under Section 5 of the FTC Act, which prohibits unfair or deceptive acts or practices, including those presenting unwarranted health or safety risks. The FTC stated that packaging Pink Sticks e-liquid in a manner appealing to young children presents an unwarranted health and safety risk due to the dangers of liquid nicotine ingestion.

The letter requires a written response within 15 working days detailing corrective actions, including discontinuation of violative labeling