FDA WARNING_LETTER - NEwhere Inc. d/b/a Mad Hatter Juice

The FDA and FTC issued a Warning Letter to Ali Esmaili and Jameson Rodgers regarding the One Mad Hit Juice Box e-liquid sold on madhatterjuice.com. The FDA determined this e-liquid is a tobacco product under the FD&C Act.

The product is deemed misbranded under sections 903(a)(1) and/or 903(a)(7)(A) of the FD&C Act because its labeling and advertising are false or misleading. The product's packaging, statements ("Juice Box," "juicy apple juice," "A Juicebox a Day Keeps the Doctor Away," "real red apples," "Nutrition Facts" label), and scent imitate a food or beverage, specifically a juice box marketed to children. This imitation is misleading and poses a significant health risk due to nicotine exposure, which can cause acute toxicity, seizures, coma, respiratory arrest, and death in children.

The FTC also reviewed the marketing under Section 5 of the FTC Act, citing that the product's marketing, including packaging resembling children's juice boxes and its apple juice scent, presents an unwarranted health and safety risk, particularly to children, given the increase in child poisonings from liquid nicotine.

The recipients must submit a written response to the FDA within 15 working days detailing corrective actions, including discontinuing violative labeling, advertising, sale, and distribution, and a plan for compliance. They must also notify the FTC within