The Middletown Press (Middletown, CT)
Agencies flag e-cigarette ads
FDA, FTC warn against marketing to kids
The U.S. Food and Drug Administration and the Federal Trade Commission have fired a warning shot to 13 companies for making liquids used with e-cigarettes that resemble kidfriendly food products, such as juice boxes, candies or cookies.
Several of the companies — none from Connecticut, and the bulk of which were in California — receiving warning letters were also cited for illegally selling the products to minors.
“No child should be using any tobacco product, and 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,” FDA Commissioner Dr. Scott Gottlieb said in a news release.
“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.”
Not only could children consume these products by accident, but both the federal government and local experts said the packaging is intended to make e-cigarettes more appealing to children.
These marketing tactics are not dissimilar to the tobacco company marketing that used cartoon characters to make cigarettes appealing to children, said Pam Mautte, director of the Ansonia-based Alliance for Prevention and Wellness at BHCare, which provides substance abuse prevention and education throughout New Haven County.
“They’re using the same tactics we worked so hard to have removed from tobacco advertising,” she said.
Some examples of the products targeted by the warning letters — and being sold through online retailers — include One Mad Hit Juice Box, which resembles children’s apple juice boxes, and Twirly Pop, which not only resembles a Unicorn Pop lollipop but is shipped with one.
Mautte called the tactics “targeted youth marketing,” and said they up the ante on products that are already too appealing to young people.
“(E-cigarettes) are already attractive and easy to conceal,” she said. “And now they’re pushing it to a whole other level.”
Kathy Carley-Spanier, Greenwich Hospital director of community health, agreed.
“The perception (they’re sending) is that this is harmless, and it’s not,” she said.
The FDA and the FTC have requested responses from each of the companies within 15 working days. The companies are directed to inform each agency of the specific actions taken to address each agency’s concerns. The warning letters also state that failure to correct violations may result in further action, such as seizure or injunction.
E-cigarettes, also known as electronic cigarettes, evaporizers, or electronic nicotine delivery systems, are battery-operated devices that people use to inhale an aerosol, which can typically contain flavorings, and can contain nicotine (though this isn’t always the case), and other chemicals. The ecigarettes
are often used by people trying to quit smoking traditional cigarettes, but there has been concern about their potential appeal to kids because of their flavorings and the bright colors of their packaging.
In Connecticut, the sale of e-cigarettes to people younger than 18 is prohibited and subjected to fines, and they are prohibited from possessing these devices.
The e-cigarette industry is opposed to products that seem designed to appeal to children, said Ray Story, founder and CEO of the Tobacco Vapor Electronic Cigarette Association.
“We at TVECA don’t approve of making products in flavors that adults most
likely would not use,” he said. “We don’t condone it and we don’t stand behind it. It is an adult product.”
However, Story pointed out that marketing gambits like these would be less successful if there was a universal age limit and age verification requirement for anyone who buys e-cigarettes and related products. Even in states like Connecticut, in which there is an age limit, Story said young people can still buy these products online.
Still, the FDA and FTC are making a positive step with the warning letters, Carley-Spanier said.
“I’m glad they’re finally stepping up and getting the message out there,” she said.