Fog It Up – FDA Warning Letter

The FDA and FTC issued a Warning Letter to Fog It Up regarding their V?Nilla Cookies & Milk e-liquid, sold on fogitup.com. The FDA determined the product is a tobacco product under the FD&C Act.

Two FD&C Act violations were identified: 1. **False or Misleading Labeling/Advertising:** The e-liquid's labeling and advertising imitate food products, specifically Nilla Wafers and Golden Oreos, which are marketed to children. Examples include "V?Nilla," "Cookies & Milk," an illustration of cookies in milk, and packaging similar to cookie boxes. This is misleading, posing a risk of accidental ingestion by children, which can lead to acute nicotine toxicity, seizures, coma, respiratory arrest, or death. This violates sections 903(a)(1) and/or 903(a)(7)(A) of the FD&C Act. 2. **Sales to Minors:** An FDA investigation revealed the V?Nilla Cookies & Milk e-liquid was sold to a person under 18 years of age, violating 21 C.F.R. § 1140.14(b) and misbranding the product under section 903(a)(7)(B) of the FD&C Act.

The FTC also reviewed the marketing under Section 5 of the FTC Act, stating that packaging e-