FDA and FTC Crack Down on E-Liquid Companies

As early as September 2018, the FDA launched a new educational campaign on e-cigarette use. In addition, it emphasized that e-cigarettes may still contain nicotine and can be especially dangerous to lung development. The FDA also issued warnings and penalties to retailers selling vaping devices to underage users.

Even so, the number of teenagers using e-cigarettes surged in 2018. One report showed that more than one-third of high school students had used e-cigarettes at some point during the year, about 10% higher than the 2017 survey results. The number of 12th-grade students using nicotine e-cigarettes within the 30 days before the survey also increased, nearly doubling from the previous year.

Now, the FDA and FTC are joining forces to pressure companies hoping to market vaping products to young consumers through social media. Today, they sent warning letters to four companies that manufacture, distribute, or sell flavored e-liquid products. These companies were relying on sites such as Facebook, Instagram, and Twitter to attract consumers, but they failed to provide nicotine warnings in accordance with the relevant regulations. It is understood that since last August, the FDA has required any advertisement for nicotine-containing e-liquids to include a warning statement. At the same time, as part of its prohibition on unfair or deceptive advertising, the FTC requires such notices under the Federal Trade Commission Act.

The four companies are Solace, Hype City, HMBL SALT, and Artist Liquids, though the specific reasons for the warnings were not disclosed. Each company now has 15 business days to respond. If they fail to correct the violations, they may face the risk of seizure or injunctions.