Sloth Sauce, LLC – FDA Warning Letter, Jan 28, 2020

The FDA Center for Tobacco Products issued a Warning Letter to Robert Anderson regarding e-liquid products advertised and sold on https://shop.slothsauce.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 "Baked Goods" and "Sweet Peach Treat," fails to include the required nicotine warning statement: "WARNING: This product contains nicotine. Nicotine is an addictive chemical." This omission violates 21 CFR 1143.3(b) and renders the products misbranded under sections 903(a)(7)(B) and 903(a)(7)(A) of the FD&C Act. The latter section cites misbranding if advertising is false or misleading, including failure to reveal material facts.

The letter requires immediate correction of these and similar violations across all advertising platforms. Failure to comply may result in civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, and/or injunction. A written response detailing corrective actions, including discontinuation dates for violative activities and a compliance plan, is required within 15 working days. The reference number for the response is RW2001239.