Extreme Advertising – FDA Warning Letter

The FDA's Center for Tobacco Products issued a Warning Letter to Legalbuds.com on December 14, 2016, following a review of their website, which revealed the sale of e-liquid products to U.S. customers. The FDA determined that "Tasty Puff E-Juice Silly Strawberry e-liquid" is a tobacco product under section 201(rr) of the FD&C Act and is subject to FDA jurisdiction.

The primary violation identified was the sale of this e-liquid product to a person younger than 18 years of age, specifically a minor, which constitutes misbranding under section 903(a)(7)(B) of the FD&C Act. This violates 21 C.F.R. § 1140.14(b), which prohibits retailers from selling covered tobacco products, including e-liquids, to individuals under 18. The FDA clarified that e-liquids are "covered tobacco products" as defined by 21 C.F.R. § 1140.3 and deemed subject to Chapter IX of the FD&C Act by 21 C.F.R. § 1100.2.

Legalbuds.com is required to immediately correct this violation and any similar ones, ensuring all tobacco products and related advertising comply with the FD&C Act and FDA regulations. Failure to comply may result