FDA WARNING_LETTER - Jabja Inc. d/b/a Eliquidplanet.com - June 02, 2020

On May 12, 2020, the FDA's Center for Tobacco Products issued a Warning Letter to Joshua Gregory regarding e-liquid products advertised and sold on http://www.eliquidplanet.com. The FDA determined these e-liquids are tobacco products under section 201(rr) of the FD&C Act.

The primary violation identified is that the advertising for an e-liquid product, specifically "Galaxy Maxx Sugar Cloud," fails to include the required nicotine warning statement: "WARNING: This product contains nicotine. Nicotine is an addictive chemical." This violates 21 CFR 1143.3(b), which mandates this warning for covered tobacco products in advertising. Consequently, the product is deemed misbranded under sections 903(a)(7)(B) and 903(a)(7)(A) of the FD&C Act. The latter citation also notes that failure to reveal material facts, such as nicotine's addictive nature, makes advertising misleading.

The letter requires immediate correction of these violations and similar issues across all advertising platforms. Failure to comply may result in further FDA actions, including civil money penalties, no-tobacco-sale orders, criminal prosecution, seizure, and injunction. A written response detailing corrective actions, including discontinuation dates for violative activities and a compliance plan, is required within 15 working days.