FDA WARNING_LETTER - Artist Liquids Laboratories LLC d/b/a Artist Liquid Labs - June 07, 2019

The FDA and FTC issued a joint Warning Letter to Travis Bain and Robert Branting of Artist Liquid Labs following a review of their social media accounts (Instagram: SmileKing40, Artist Liquid Labs; Facebook: SmileKing40) and website (artistliquidlabs.com). The review identified e-liquid products, deemed tobacco products under the FD&C Act, being manufactured, advertised, and sold in the U.S. The FDA determined that several e-liquid products, including Artist Liquids Peanut Butter Rocket and Nice Melons Nicotine Salt E-Liquid, are misbranded under FD&C Act sections 903(a)(7)(B), 903(a)(1), and/or 903(a)(7)(A). This misbranding is due to the failure of product labeling and advertising to include the mandatory nicotine warning statement ("WARNING: This product contains nicotine. Nicotine is an addictive chemical"), violating 21 C.F.R. § 1143.3(a) and (b). The FTC raised concerns under Section 5 of the FTC Act (15 U.S.C. § 45) that the failure to disclose nicotine's addictive risks in social media postings could mislead consumers. Furthermore, the FTC emphasized the requirement for clear and conspicuous disclosure of material connections between the company and its social media endorsers, citing 16 C.F.R. § 255.5. Artist Liquid Labs must submit separate written responses to the FDA and FTC within 15 working days, detailing corrective actions, discontinuation of violative practices, and a compliance plan. Non-compliance could lead to severe penalties, including civil money penalties, no-tobacco-sale orders, and criminal prosecution.