Stash E-Liquids – FDA Warning Letter, May 14, 2019

The FDA's Center for Tobacco Products issued a Warning Letter to Joshua Siegel and Vicky Siegel of Stash E-Liquids following a review of their website, https://www.stasheliquids.com. The FDA determined that the e-liquid products offered for sale are tobacco products under the FD&C Act and are misbranded. The primary violation is the failure to include the required nicotine warning statement, "WARNING: This product contains nicotine. Nicotine is an addictive chemical," in the labeling and/or advertising for numerous e-liquid products, including PB & Jam, Valhalla, and others. This non-compliance violates FD&C Act sections 903(a)(7)(B), 903(a)(1), and/or 903(a)(7)(A), and specifically 21 C.F.R. § 1143.3(a) and (b). The company must immediately correct these violations and submit a written response within 15 working days detailing corrective actions, dates of discontinuance of violative practices, and a plan for future compliance. Failure to comply could result in severe enforcement actions, including civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, and injunction.