E-Juice Plug – FDA Warning Letter

The FDA Center for Tobacco Products issued a Warning Letter to ejuiceplug.com after reviewing their website and determining that their e-liquid products, specifically Candy King Swedish e-liquid, are tobacco products subject to FDA jurisdiction. The primary violation identified was the sale of Candy King Swedish e-liquid to a person younger than 18 years of age, which was revealed during an FDA investigation. This action constitutes a violation of 21 C.F.R. ? 1140.14(b), which prohibits retailers from selling covered tobacco products to minors. Consequently, the product is deemed misbranded under section 903(a)(7)(B) of the FD&C Act (21 U.S.C. ? 387c(a)(7)(B)). The FDA requires the company to immediately correct this violation and similar issues, ensuring all tobacco products and related labeling/advertising comply with the FD&C Act and implementing regulations across all sales platforms. Failure to achieve full compliance could lead to severe enforcement actions, including civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, or injunction. The company must submit a written response within 15 working days detailing corrective actions, dates of discontinuation of violative practices, and a plan for sustained compliance.