FDA WARNING_LETTER - Cosmic Fog Vapors LLC

The FDA and FTC issued a Warning Letter to Robert Crossley regarding Whip'd Strawberry e-liquid products sold on nextdayvaporproducts.com. The FDA determined these e-liquids are tobacco products under the FD&C Act.

The FDA found Whip'd Strawberry e-liquid to be misbranded under sections 903(a)(1) and/or 903(a)(7)(A) of the FD&C Act because its labeling and/or advertising is false or misleading. The product's packaging, including an illustration of a strawberry in whipped cream, similar color scheme, cylindrical bottle, swirled cap, and product name ("Whip'd Strawberry"), imitates Reddi Wip whipped cream, a food product appealing to children. The website also describes the product as "Strawberries and Custard topped off with Whipped Cream," and it has a strong strawberry and whipped cream scent. This imitation poses a risk of accidental ingestion by children, leading to potential acute nicotine toxicity, seizures, coma, or death.

The FTC also reviewed the marketing under Section 5 of the FTC Act, prohibiting unfair or deceptive practices. The FTC stated that packaging resembling a child-recognized brand like Reddi Wip, combined with the product's scent, presents an unwarranted health and safety risk, especially to children, given the rise in child poisonings from liquid nicotine.

The letter requires a written response to the FDA within 15 working