Lucid Liquids – FDA Warning Letter, Sep 22, 2020

On September 11, 2020, the FDA issued a Warning Letter to Charlie Ramirez of Lucid Liquids, identifying misbranded e-liquid products sold on https://lucid-liquids.com. The FDA determined these e-liquids are tobacco products under section 201(rr) of the FD&C Act.

The primary violation is that advertising for several e-liquid products, including "Lucid Liquids Love Poison," "Lucid Liquids Love Poison Salts," and "Lucid Liquids Love Potion Original," fails to include the required nicotine warning statement: "WARNING: This product contains nicotine. Nicotine is an addictive chemical." This violates 21 CFR 1143.3(b) and renders the products misbranded under section 903(a)(7)(B) of the FD&C Act.

The letter emphasizes the responsibility to ensure compliance across all advertising platforms and retail establishments. Failure to correct violations may result in regulatory action, including detention and refusal of admission for imported products. Lucid Liquids must submit a written response within 15 working days detailing corrective actions, including dates of discontinued violative activities and a plan for sustained compliance.