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Advertising Law Updates

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FDA Issues Warning Letters to Manufacturers of E-Liquid and Hookah Tobacco Products

The Food and Drug Administration issued warning letters to the manufacturers of forty-four e-liquid and hookah tobacco products, alleging that these products do not have the required marketing authorizations and, as a result, cannot be legally sold in the United States.  The Food, Drug, and Cosmetic Act generally requires premarket review of any new tobacco products. 

The FDA sent warning letters to Mighty Vapors (for products such as the Hulk Tears NicSalts), Liquid Labs USA (for products such as the Vape SZNS Salty SZN Pom Berry Salts), V8P Juice International (for products such as the V8P Saltz Blonde Bombshell), and Hookah Imports (for ROR Tobacco products, including flavors such as Yummy Gummy, Sexy Senorita and Raspberry Lemonade).  

The FDA has requested responses from each of the four companies within 15 business days on how they intend to address the agency’s concerns.

"The marketing of illegal tobacco products is particularly concerning given the epidemic of youth vaping that we’re facing, which we know has resulted in part from irresponsible practices of manufacturers, importers and retailers who have targeted kids in their marketing of these products" -- Acting FDA Commissioner Ned Sharpless

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advertising, tobacco, eliquid, hookah