FDA warns company for selling e-liquids that resemble kid-friendly foods and not registering product

The Cromwell · Nov 30, 2018

The U.S. Food and Drug Administration today issued a warning letter to Electric Lotus LLC for selling nicotine-containing e-liquids used in e-cigarettes with labeling and/or advertising that cause them to resemble kid-friendly food products, such as cereal, candy and peanut butter and jelly. The action is part of the agency’s ongoing effort to protect kids from tobacco products.

Electric Lotus ‒ a manufacturer, distributor and retailer, based in Redlands, California ‒ was also cited for illegally selling products to a minor, for failing to list its products with the FDA and for selling e-liquids without the required FDA premarket authorization. The warning letter follows actions taken this summer by the FDA—many in partnership with the Federal Trade Commission—against 17 other makers and sellers of nicotine-containing e-liquids that looked like juice boxes, candy, and cookies and had the potential to be confused with these ordinary products by a child.

https://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm627123.htm

jwill · Nov 30, 2018

As stupid as I think this is and as much as I have grown to dislike the brightly colored, kiddish labels; businesses should be able to label their products however they want and let the market dictate whether the packaging is appropriate or not.

With that said and everything being what it is, one would think e-liquid manufacturers would see this as an ominous warning of doom and get it together. I cannot think of an industry offhand being stared in the face of being regulated out of existence, that has done so little to save its own self from destruction. It is perplexing to me.

gsmit1 · Nov 30, 2018

jwill said:
As stupid as I think this is and as much as I have grown to dislike the brightly colored, kiddish labels; businesses should be able to label their products however they want and let the market dictate whether the packaging is appropriate or not.

With that said and everything being what it is, one would think e-liquid manufacturers would see this as an ominous warning of doom and get it together. I cannot think of an industry offhand being stared in the face of being regulated out of existence, that has done so little to save its own self from destruction. It is perplexing to me.

Exactly all of this.

The Cromwell · Nov 30, 2018

Label anything however they want?
Like labelling 10A li batteries as 30A?

jwill · Nov 30, 2018

The Cromwell said:
Label anything however they want?
Like labelling 10A li batteries as 30A?

They do it now, batteries have their own regulations and guidelines they must follow and they still do it.

If someone wanted to put a vaping baby on an e-liquid bottle they should be able to do it and let people decide for themselves if they want to buy it. I am one of those that prefer the "brown bag" type of labels for commercial stuff. When I make my own I make them as goofy as I can think to do it. It might be considered childish or marketed for kids and it is. Me. I am a big ass kid.

The Cromwell · Nov 30, 2018

I do not think there are any labelling or safety regs for either li cells or mods right now.

jwill · Nov 30, 2018

The Cromwell said:
I do not think there are any labelling or safety regs for either li cells or mods right now.

I was speaking very generally. They have regulations concerning how they are manufactured and specifications and so forth. I have never looked into labeling regulations specifically but I would be surprised if there wasnt something in there regarding power output specifications. You have to do it on car batteries and marine batteries.

The Cromwell · Nov 30, 2018

jwill said:
I was speaking very generally. They have regulations concerning how they are manufactured and specifications and so forth. I have never looked into labeling regulations specifically but I would be surprised if there wasnt something in there regarding power output specifications. You have to do it on car batteries and marine batteries.

But no regs on loose li cells which by the reputable manufacturers are not intended to be sold for anything except for use in battery packs for power tools and such.
And no safety regs at all on mods
Things for use in vehicles and boats have been around longer and do have safety specs.

And i venture to say that the majority of ejuice sold is not registered with the FDA as is required. That requirement is still in effect.

And back on batteries. Most rewrappers will not even provide MSDS docs which is required for shipping and importation.
This per Mooch.

UpNorth · Nov 30, 2018

Ah the world is coming crashing down, I saw that California has a bill in the works for next week to Stop all sales of flavored E-Juice. The FDA doesn't have to do anything to stop Vaping. Municipalities can do it without any warning at all. POOF no more flavored Juice. Sad

The Cromwell · Nov 30, 2018

UpNorth said:
Ah the world is coming crashing down, I saw that California has a bill in the works for next week to Stop all sales of flavored E-Juice. The FDA doesn't have to do anything to stop Vaping. Municipalities can do it without any warning at all. POOF no more flavored Juice. Sad

DIY

FLAVORINGS AND PG/VG are not covered under FDA regs and are NOT tobacco products in themselves. Freebase nic may become more problematic esp when teens start vaping 100 mg nic...

jwill · Nov 30, 2018

The Cromwell said:
But no regs on loose li cells which by the reputable manufacturers are not intended to be sold for anything except for use in battery packs for power tools and such.
And no safety regs at all on mods
Things for use in vehicles and boats have been around longer and do have safety specs.

And i venture to say that the majority of ejuice sold is not registered with the FDA as is required. That requirement is still in effect.

And back on batteries. Most rewrappers will not even provide MSDS docs which is required for shipping and importation.
This per Mooch.

Sure and people use things they are not intended to be used for in unauthorized applications all the time. Necessity is the mother of invention.

While I do think the industry should come up with its own acceptable standards for mod safety in regulated mods, I do not want to see government intervention at any level, from any governing body. The government ruins everything it touches and I mean that quite literally.

To your point though, If for no other reason e-liquid manufacturers should self police themselves in order to survive. While they are maturing their packaging they should focus on compliance with coming enforcement. The fact they are not means they have no will to survive.

UpNorth · Nov 30, 2018

The Cromwell said:
DIY

FLAVORINGS AND PG/VG are not covered under FDA regs and are NOT tobacco products in themselves. Freebase nic may become more problematic esp when teens start vaping 100 mg nic...

Yep, but think of all those vape shops in California that wouldn't be able to sell pre mixed juice. It will kill the majority of them if it passes.

jwill · Nov 30, 2018

UpNorth said:
Ah the world is coming crashing down, I saw that California has a bill in the works for next week to Stop all sales of flavored E-Juice. The FDA doesn't have to do anything to stop Vaping. Municipalities can do it without any warning at all. POOF no more flavored Juice. Sad

California can ruin anything.

The Cromwell · Nov 30, 2018

UpNorth said:
Yep, but think of all those vape shops in California that wouldn't be able to sell pre mixed juice. It will kill the majority of them if it passes.

True but they have existed for longer than expected with the delay of the implementation of the Deeming Regs.
They should have died about a year ago.

Not that I agree with the deeming regs but...

I do feel that the manufacture of ejuice should meet safety standards same as any other consumer product that we put in our body.
right now it is wide open...

I also feel that to intentionally import, sell or relabel li batteries with incorrect information should be a criminal offense.

The Cromwell · Nov 30, 2018

jwill said:
California can ruin anything.

Yeah California, kids and other assorted idiots ruin many things for everyone.

The Cromwell · Nov 30, 2018

I would also like to see at least the option to buy safety certified mods.
UL, etc certification.

Would be nice for those who want the choice instead of trusting to Chinese luck....

UpNorth · Nov 30, 2018

The Cromwell said:
True but they have existed for longer than expected with the delay of the implementation of the Deeming Regs.
They should have died about a year ago.

Not that I agree with the deeming regs but...

I do feel that the manufacture of ejuice should meet safety standards same as any other consumer product that we put in our body.
right now it is wide open...

I also feel that to intentionally import, sell or relabel li batteries with incorrect information should be a criminal offense.

I do not disagree. I think there an exceptional amount of entities trying to milk out any dollar possible before the entire industry is reduced to ashes. Sad, but that is what happens when you have Trade infrastructure the way it is and no oversight. I find it odd that the FDA and other Hater groups are so focused on Vaping when they have known for well over 40 years that Cigarettes Kill just a bout everyone that touches one, or merely was near it's smokey plume and did absolutely nothing to stop it.

jwill · Nov 30, 2018

UpNorth said:
I do not disagree. I think there an exceptional amount of entities trying to milk out any dollar possible before the entire industry is reduced to ashes. Sad, but that is what happens when you have Trade infrastructure the way it is and no oversight. I find it odd that the FDA and other Hater groups are so focused on Vaping when they have known for well over 40 years that Cigarettes Kill just a bout everyone that touches one, or merely was near it's smokey plume and did absolutely nothing to stop it.

They want people to smoke so they get the tax dollars. Its as easy as that.

gsmit1 · Nov 30, 2018

jwill said:
They want people to smoke so they get the tax dollars. Its as easy as that.

It is.

And until there are enough vapors who vote according to that issue alone so as to imperil their run for reelection, nothing will make any difference. There is absolutely no political reason for almost any elected official to support vaping. Unless as I say, the polling in their district shows it will effect the outcome of an election.

That like really sucks, but that IS the way it is.

IcepickMaker84 · Nov 30, 2018

jwill said:
As stupid as I think this is and as much as I have grown to dislike the brightly colored, kiddish labels; businesses should be able to label their products however they want and let the market dictate whether the packaging is appropriate or not.

With that said and everything being what it is, one would think e-liquid manufacturers would see this as an ominous warning of doom and get it together. I cannot think of an industry offhand being stared in the face of being regulated out of existence, that has done so little to save its own self from destruction. It is perplexing to me.

I totally agree, self preservation in this industry has always been a sight I’ve rarely seen. I will say this industry operates unlike any I’ve seen before.

Sent from my iPhone using Tapatalk

The Cromwell · Nov 30, 2018

UpNorth said:
I do not disagree. I think there an exceptional amount of entities trying to milk out any dollar possible before the entire industry is reduced to ashes. Sad, but that is what happens when you have Trade infrastructure the way it is and no oversight. I find it odd that the FDA and other Hater groups are so focused on Vaping when they have known for well over 40 years that Cigarettes Kill just a bout everyone that touches one, or merely was near it's smokey plume and did absolutely nothing to stop it.

And alcoholism being a big problem too?
And since drinking is such a part of our society...
And many leaders are drunks themselves....

But kind of like smoking killing, smokers used to be close to if not a majority in the USA.
Took quite a few years for them to become a minority and not as politically effective in defending smoking.
Vapers are an even smaller minority.

The Cromwell · Nov 30, 2018

IcepickMaker84 said:
I totally agree, self preservation in this industry has always been a sight I’ve rarely seen. I will say this industry operates unlike any I’ve seen before.

Sent from my iPhone using Tapatalk

Pretty much a frontier vape rush town atmosphere.
Make money while you can because tomorrow it will end.

Well the wide open will end, vaping will not totally end.

IcepickMaker84 · Nov 30, 2018

The Cromwell said:
Pretty much a frontier vape rush town atmosphere.
Make money while you can because tomorrow it will end.

Well the wide open will end, vaping will not totally end.

I can see that, it’s a shame though. So many people claim they’re out to help others quit smoking but they just want to line their pockets. On a side note about alcohol, our county did an open poll and 27% admitted they have an alcohol addiction issue...that sounds like an epidemic but it’ll never be touched.

Sent from my iPhone using Tapatalk

The Cromwell · Nov 30, 2018

gsmit1 said:
It is.

And until there are enough vapors who vote according to that issue alone so as to imperil their run for reelection, nothing will make any difference. There is absolutely no political reason for almost any elected official to support vaping. Unless as I say, the polling in their district shows it will effect the outcome of an election.

That like really sucks, but that IS the way it is.

Yep smokers are a minority now.
down to around 15%. A drop of ~10% in the last 5-6 years.
And Vaping has played a part in that drop.

And vapers are an even smaller minority. Maybe less than 1% as to regular vapers not just someone who has taken a vape in the last 6 months as some surveys go.

gsmit1 · Nov 30, 2018

IcepickMaker84 said:
I totally agree, self preservation in this industry has always been a sight I’ve rarely seen. I will say this industry operates unlike any I’ve seen before.

That's because it's populated by people who think that politicians care about children and disease and saving lives and making the lives of their constituents better.

They would sell their own mother to win an election in order to gain or remain in power. They couldn't care less if every smoker on earth dropped dead beyond it's impact on their own lust for POWER. Believe it.

Letitia9 · Nov 30, 2018

jwill said:
Sure and people use things they are not intended to be used for in unauthorized applications all the time. Necessity is the mother of invention.

While I do think the industry should come up with its own acceptable standards for mod safety in regulated mods, I do not want to see government intervention at any level, from any governing body. The government ruins everything it touches and I mean that quite literally.

To your point though, If for no other reason e-liquid manufacturers should self police themselves in order to survive. While they are maturing their packaging they should focus on compliance with coming enforcement. The fact they are not means they have no will to survive.

Some simply don't have the money. Regs kill small business and seem designed to do so.

The Cromwell · Nov 30, 2018

We all like regs that benefit us.
Safe food regulations, safe (mostly) medicines, safe drinking water, etc.
History has proven that industry will kill and harm many before governments regulate it.

Of course regulation can be pushed to the point of stupidity as well.

gsmit1 · Nov 30, 2018

The Cromwell said:
Yep smokers are a minority now.
down to around 15%. A drop of ~10% in the last 5-6 years.
And Vaping has played a part in that drop.

And vapers are an even smaller minority. Maybe less than 1% as to regular vapers not just someone who has taken a vape in the last 6 months as some surveys go.

I see people saying:

"WRITE YOUR MEMBER OF THE HOUSE AND THE SENATE AND TELL THEM YOU'RE A VAPOR AND YOU VOTE!!!"

Yeah and some secretarial assistant will roll their eyes and stick it over there with the other 10 they have like that and go back to focusing on the 18 inch pile over here dealing with what will win or lose them the next election.

Don't get me wrong. People have the right in this country to be heard (for now) and we should write our congressman and senators, but vaping is an irritation to them that they can't kill fast enough. They have absolutely nothing to gain in their world by allowing it and everything to gain by banning or severely restricting it.

I'm not trying to be joykill for the sake of it. Truly I'm not. But again, that IS the way it is.

gsmit1 · Nov 30, 2018

If every single vapor in the land voted against the candidate who opposes vaping, assuming there were even one they could vote for with a prayer of winning who would support it, which is NO given, it would have exactly zero impact on any national election in the United States.

MAYBE at the local level in Wounded Knee South Dakota or somewhere. Maybe.

The Cromwell · Nov 30, 2018

I know of no one else within miles of me who vapes.
I see 3-4 vapers in town in a months time...

I do not go to vape shops (town has 2)
They make fun of an old phart vaper like me so I took my thousand or more I have spent on vaping online.
Their loss. And I really do not care if those 2 shops close down or not.

There are some good shops I hear...

1 month away from 4 months cig free with vaping. Was 40+ yr 1.5 PAD smoker.

gsmit1 · Nov 30, 2018

The Cromwell said:
We all like regs that benefit us.
Safe food regulations, safe (mostly) medicines, safe drinking water, etc.

Well this is true.

The Cromwell said:
History has proven that industry will kill and harm many before governments regulate it.

...and governments, albeit sometimes more indirectly, will kill at least as many once they have.

The Cromwell said:
Of course regulation can be pushed to the point of stupidity as well.

And always is. Every time.

So what's the solution? There is no solution. If history teaches us anything, it's that. Welcome to the human race.

The Cromwell · Nov 30, 2018

gsmit1 said:
Welcome to the human race.

Ohh no!
I am from Beta Triangula 6.
I am just stuck here as an observer of primitive cultures.

Humans are a self destructive species.

gsmit1 · Nov 30, 2018

The Cromwell said:
Ohh no!
I am from Beta Triangula 6.
I am just stuck here as an observer of primitive cultures.

Humans are a self destructive species.

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FDA warns company for selling e-liquids that resemble kid-friendly foods and not registering product

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