By Levin Simes
May 7, 2018

FDA Sends Warning Letters to Vape E-juice Vendors for Dangerous Design

Juice Box

One Mad Hit Juice Box (Source: FDA)

FDA Sends Warning Letters for Misleading Vape E-Juice Product Designs

On May 1, 2018, the FDA published this press release noting their ongoing efforts to prevent children and youth from confusing vape e-juice products with candy and juice. The FDA released 13 warning letters regarding dangerous nicotine products that can be mistaken for children’s candy or other food products due to deceptive packaging design.

The FDA commissioner stated:

“No tobacco products should be marketed in a way that endangers kids – especially by using imagery that misleads them into thinking the products are things they’d eat or drink.”

The products in question appear to have been designed to remind customers of popular candy and juice products, a dangerous choice given each e-juice contains a potentially fatal dose of nicotine if consumed.

The FDA commissioner continues:

“It is easy to see how a child could confuse these e-liquid products for something they believe they’ve consumed before – like a juice box. These are preventable accidents that have the potential to result in serious harm or even death. Companies selling these products have a responsibility to ensure they aren’t putting children in harm’s way or enticing youth use, and we’ll continue to take action against those who sell tobacco products to youth and market products in this egregious fashion.”

The FDA released images of the products so you can distinguish them from the products they mimic:

One Mad Hit Juice Box

E-Liquid juice box
One Mad Hit Juice Box (Source: FDA)

Candy King Batch/Candy King Sour Worms

Candy King and Sour Patch Kids
Candy King Sour (Source: FDA)

Patches by Candy Co.

Patches Candy Co
Patches Candy Co (Source: FDA)

Pink Sticks

Pink Sticks
Pink Sticks (Source: FDA)

V’Nilla Cookies & Milk

V'Nilla Cookies
V’Nilla Cookies (Source: FDA)

Whip’d Strawberry

Whip'd Strawberry
Whip’d Strawberry (Source: FDA)

Twirly Pop

Twirly Pop
Twirly Pop (Source: FDA)

Vape Heads Sour Smurf Sauce

Vape Heads Sour Smurf
Vape Heads Sour Smurf (Source: FDA)

Possible Fatal Nicotine Overdose

Fatal overdose from nicotine ingestion is noted to occur at doses as low as 30-60mg in adults. Higher estimates of fatal toxicity go up to 6mg/kg of body weight, 300mg for a 50kg adult. In either case, consumption of an e-juice bottle such as a 6mg/ml “Twirly Pop” can quickly reach these limits, particularly in children. A mere teaspoon (5ml) could prove fatal to a toddler or young child.

The bottle labels are not the only deceptive marketing tactic employed by these companies. Some e-juice manufacturers have gone so far as to include actual candy in the e-juice packaging, easily misleading consumers to believe the product is liquid candy.

Twirly Pop packaged with candy
Twirly Pop packaged with candy (Source:FDA)

E-Cig Vape Battery Lawyers

Contact the lawyers at Levin Simes if you have any questions regarding e-cig vape products. Our attorneys specialize in representing clients injured by vape devices including vape battery explosions. Reach us at (415) 426-3000,, or through this website form or chat.

If you want to learn more about e-cig devices and safety, start here:

Ready For Your Free Consultation?