Chill E-Liquid – FDA Warning Letter

The FDA issued a Warning Letter to Lie Lu and Abbas Dattu regarding their e-liquid products sold on http://www.chilleliquid.com. The FDA determined that their Chill Purple Grape e-liquid is a tobacco product under the FD&C Act.

The primary violation is misbranding under sections 903(a)(1) and/or 903(a)(7)(A) of the FD&C Act. The product's labeling and advertising are deemed false or misleading because they imitate a food or beverage, specifically grape soda, which is marketed toward and appealing to children. Evidence includes the product name "Purple Grape," "Refreshing Soda Flavor," grape illustrations, a Nutrition Facts-like label, cylindrical soda can shape and design, foil covering, soda-can tab appearance, similar color scheme to grape soda, and a strong grape soda scent. An Instagram post also showed the product next to a Fanta grape soda can.

The FDA highlights the severe risk of accidental ingestion by children due to nicotine toxicity, noting that even small amounts can cause acute toxicity, seizures, coma, respiratory arrest, and death. The product's 6mg/mL nicotine content and 60mL volume mean a small ingestion could be fatal or cause acute toxicity in a two-year-old.

The letter requires immediate correction of the violation and similar issues, ensuring all tobacco products and related advertising comply with the FD&C Act. Failure to comply may