Liquid Nicotine Manufacturers Backing Off Ads Targeting Kids After Warnings, FDA Claims

Federal regulators indicate that 17 companies that once advertised liquid nicotine in packaging designed to entice children have stopped, following a series of warning letters issued earlier this year. 

The FDA issued a press release this week, announcing that efforts to curb the packaging of nicotine liquids used in electronic cigarettes in what appeared to be kid-friendly packaging, such as juice boxes, is working. In addition to the letters, the agency noted it has also fined several of the manufacturers for selling their products to minors.

“Removing these products from the market was a critical step toward protecting our kids,” FDA Commissioner Scott Gottlieb said in the press release. “We can all agree no kid should ever start using any tobacco or nicotine-containing product, and companies that sell them have a responsibility to ensure they aren’t enticing youth use.”

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The warning letters were sent on May 1, as part of a joint effort by both the FDA and the Federal Trade Commission (FTC), and were directed to manufacturers, distributors, and retailers of e-liquid products used in e-cigarettes that closely resemble candy or other food products intended for children.

The warning letters cited the companies for intentionally using packaging and advertising that appealed to children, which is a violation of the Federal Food, Drug, and Cosmetic Act as well as Section 5 of the Federal Trade Commission Act.

The companies sell products with labeling or advertising that closely resembles products intended for children, like juice boxes, candy, or cookies. Some of the products have cartoon images and one product is even sold with a lollipop.

Critics say the advertising strategy seems to be a direct marketing ploy aimed at the nation’s children. Possibly as a result, e-cigarettes are now the most popular form of tobacco among America’s youth.

The FDA notes that the rise in popularity has come with a corresponding increase in the number of calls to poison centers nationwide linked to child exposure to liquid nicotine.

More than 1,400 exposures were logged for the first half of 2014 and liquid nicotine exposures increased 1500% between 2013 and 2015.

Children exposed to liquid nicotine often face serious side effects, requiring medical treatment and hospital admission. In some cases, the children even face death.

The agency also notes that more than 2 million middle school and high school students were users of e-cigarettes and other electronic nicotine delivery systems (ENDS) in 2016. The candy-like flavors were one of the top reasons given for their use.

Written by: Irvin Jackson

Senior Legal Journalist & Contributing Editor

Irvin Jackson is a senior investigative reporter at AboutLawsuits.com with more than 30 years of experience covering mass tort litigation, environmental policy, and consumer safety. He previously served as Associate Editor at Inside the EPA and contributes original reporting on product liability lawsuits, regulatory failures, and nationwide litigation trends.




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