TBD Liquids – FDA Warning Letter, Aug 27, 2019
On August 22, 2019, the FDA issued a Warning Letter to John Fitch of TBD Liquids, LLC, following a review of their website, https://www.tbdliquids.com. The FDA determined that TBD Liquids' e-liquid products, specifically Rainbow Sherbet and Raspberry Sorbet, are tobacco products under the FD&C Act.
The letter identifies two primary violations: 1. **Sales to Minors:** TBD Liquids sold Rainbow Sherbet and Raspberry Sorbet e-liquid products to a person younger than 18 years of age, violating 21 C.F.R. § 1140.14(b). This renders the products misbranded under section 903(a)(7)(B) of the FD&C Act. 2. **Failure to Include Required Nicotine Warning Statement:** * **Product Packages:** Packages for several e-liquid products, including Rainbow Sherbet and Raspberry Sorbet, lacked the required "WARNING: This product contains nicotine. Nicotine is an addictive chemical." statement, violating 21 C.F.R. § 1143.3(a). This misbrands the products under sections 903(a)(7)(B) and 903(a)(1) of the FD&C Act. * **Website Advertising:** The website advertising for several e
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