FDA WARNING_LETTER - Warrender Enterprise Inc.

This joint FDA and FTC Warning Letter was issued to Nicholas Warrender, owner of Lifted Liquids and eliquidretail.com, regarding the marketing and sale of Vape Heads Sour Smurf Sauce e-liquid. The FDA determined the e-liquid is a tobacco product and is misbranded under sections 903(a)(1) and/or 903(a)(7)(A) of the FD&C Act. This misbranding is due to false or misleading labeling and advertising that causes the product to imitate food, specifically WarHeads Extreme Sour Hard Candy, making it appealing to children. The product's packaging, cartoon mascot, name ("Vapeheads"), color scheme, and scent mimic the candy, increasing the likelihood of accidental ingestion by children, which poses severe risks due to nicotine toxicity, including death. The FTC also reviewed the online marketing under Section 5 of the FTC Act, which prohibits unfair or deceptive acts. The FTC found the marketing, with its strong resemblance to children's candy, presents an unwarranted health and safety risk, particularly to young children. The letter requires a written response to the FDA within 15 working days detailing corrective actions and a compliance plan. Additionally, the FTC must be notified within 15 days of actions taken. Failure to comply could lead to civil money penalties, criminal prosecution, seizure, injunction, and import detention. The company is responsible for ensuring all tobacco products and related marketing comply with the FD&C Act and FDA regulations.