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The FD&C Act provides, in part, that a tobacco product shall be deemed to be misbranded (1) if its labeling is false or misleading in any particular (section 903(a)(1)), or (2) if the tobacco product is distributed or offered for sale in any State and its advertising is false or misleading in any particular (section 903(a)(7)(A)). Additionally, an accidental ingestion of approximately 3% of a teaspoon would reach the lower end of the non-fatal acute toxicity range for an average two-year-old.
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Given that the labeling and/or advertising on Candy King Sour Worms e-liquid describes its nicotine content as 3mg/mL, with a total volume of 100mL, an accidental ingestion of slightly less than a teaspoon would reach the lower end of the fatal dose range for an average two-year-old. Severe harms can occur in small children from ingestion of liquid nicotine, including death from cardiac arrest, as well as seizure, coma, and respiratory arrest. Child poisonings due to the ingestion of liquid nicotine have recently increased substantially. Moreover, children are at particular risk because exposure to the nicotine in the e-liquid product, even in relatively small amounts, could result in acute toxicity. This labeling and/or advertising causes the product to imitate candy, particularly ones that are marketed toward, or appealing to, children and is therefore misleading.Ĭhildren are at particular risk for ingesting e-liquid products with labeling and/or advertising that causes the product to imitate a food or beverage, particularly a food or beverage that is typically marketed toward, and/or appealing to, children. Further, Candy King Sour Worms e-liquid has a strong scent like candy. In addition, the labeling and/or advertising of Candy King Sour Worms e-liquid includes representations of the product name and color scheme that are substantially similar to the Trolli Sour Brite Crawlers sour gummy worms candy in Exhibit B. For example, the labeling and/or advertising for this e-liquid includes the terms "Candy King" and "Sour Worms," prominently placed on the front of the product. Specifically, the labeling and/or advertising of the product imitates the labeling and/or advertising for candy that is commonly marketed toward, and/or appealing to, children, such as Trolli Sour Brite Crawlers sour gummy worms candy (see Exhibit B). § 387c(a)(7)(A)) because its labeling and/or advertising is false or misleading.įDA's investigation of the website revealed that it sells or distributes Candy King Sour Worms e-liquid with labeling and/or advertising that causes it to imitate food products, particularly ones that are marketed toward, and/or appealing to, children (see Exhibit A). § 387a(b)).įDA has determined that your Candy King Sour Worms e-liquid is misbranded under section 903(a)(1) of the FD&C Act (21 U.S.C. Certain tobacco products, including e-liquids, are subject to FDA jurisdiction under section 901(b) of the FD&C Act (21 U.S.C. § 321 (rr)), as amended by the Family Smoking Prevention and Tobacco Control Act, these products are tobacco products because they are made or derived from tobacco and intended for human consumption. Under section 201 (rr) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. Food and Drug Administration (FDA) recently reviewed the website and determined that thee-liquid products listed there are offered for sale or distribution to customers in the United States. This is to advise you that the Center for Tobacco Products of the U.S. The Violation Tracker site was built with the help of Rich Puchalsky of Grassroots Connection.Issuing Office: Center for Tobacco Products
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Send questions or comments to Philip Mattera of the Corporate Research Project of Good Jobs First.
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Quick Start | Agency Data Sources | User Guide | Update Log | Corporate Research Project analyses of Violation Tracker data Violation Tracker is produced by the Corporate Research Project of Good Jobs First. We also cover selected types of class action lawsuits. In all: 512,000 civil and criminal cases from more than 400 agencies with penalties of $786 billion.
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It covers banking, consumer protection, false claims, environmental, wage & hour, safety, discrimination, price-fixing, and other cases resolved by federal regulatory agencies and all parts of the Justice Department since 2000 - plus cases from state AGs and selected state regulatory agencies. Violation Tracker is the first wide-ranging database on corporate misconduct. Discover Which Corporations are the Biggest Regulatory Violators and Lawbreakers Throughout the United States