Broke Dick Juice – FDA Warning Letter

The FDA's Center for Tobacco Products reviewed the website http://www.brokedick.com and determined that e-liquid products, specifically "Payday e-liquid," are offered for sale or distribution in the U.S. These products are classified as tobacco products under section 201(rr) of the FD&C Act.

The primary violation identified is the sale of Payday e-liquid to a person younger than 18 years of age, which constitutes misbranding under section 903(a)(7)(B) of the FD&C Act (21 U.S.C. § 387c(a)(7)(B)). This violates 21 C.F.R. § 1140.14(b), which prohibits retailers from selling covered tobacco products, including e-liquids, to minors.

The FDA requires immediate correction of this violation and similar issues to ensure compliance with the FD&C Act. Failure to comply may result in further actions, including civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, and/or injunction. Adulterated and misbranded tobacco products imported into the U.S. are subject to detention.

A written response detailing corrective actions, including discontinuation dates for violative sales/advertising and a plan for maintaining compliance, must be submitted within 15 working days to the FDA Center for Tobacco Products. The reference