FDA WARNING_LETTER - Drip More LLC

The FDA and FTC issued a Warning Letter to Brian Bereber regarding e-liquid products, Candy King Batch and Candy King Sour Worms, sold on dripmore.com. These products are classified as tobacco products under the FD&C Act.

The FDA determined the e-liquids are misbranded under sections 903(a)(1) and/or 903(a)(7)(A) of the FD&C Act because their labeling and advertising are false or misleading. The products imitate food products, specifically candy appealing to children, through names like "Candy King" and "Sour Worms," similar color schemes, and imagery on their website and Instagram linking them to popular candies. The products also have strong candy-like scents. This imitation poses a significant health risk due to the high nicotine content (6mg/mL, 100mL volume), where even small ingestions by children can cause acute toxicity, seizures, coma, respiratory arrest, or death.

The FTC also reviewed the marketing under Section 5 of the FTC Act, which prohibits unfair or deceptive practices, including those presenting unwarranted health or safety risks, especially to children. The FTC noted the packaging's resemblance to popular children's candies and the candy-like scent, concluding this marketing presents an unwarranted risk.

The letter requires a written response within 15 working days detailing corrective actions, including discontinuing violative labeling, advertising, sale, and distribution, and