FDA Illegal Marketing Example

Status
Not open for further replies.

TropicalBob

Vaping Master
ECF Veteran
Jan 13, 2008
5,623
63
Port Charlotte, FL USA
Absolutely, marketing is a concern. The crap claims on many e-cig sales sites are just asking for trouble -- and it's coming. Consider the usual untruths and distortions that sellers claim and consider this paragraph on the energy drink:

“Your product, ......., is a drug,” the three-page letter reads in part. It’s also a new drug and as such cannot be sold without FDA approval. In addition, the FDA said the product is mislabeled since it doesn’t include “adequate directions for its intended uses.”

Now, this energy drink wasn't marketed as a drug. It was an alternative. Sigh. That is the only way many of us have thought e-cigs should be marketed -- an alternative to the tobacco cigarette. With this article as insight, that "alternative" idea might not fly.

Thanks for posting this startling bit of news. I find it directly applicable to our e-smoking practice. I personally do not expect the FDA to act differently toward our products. We're a "new drug delivery device" using untested fluid intended for inhalation, contained in unsafe bottles without proper labeling, and sold to anyone over the Internet.
 

LaceyUnderall

Ultra Member
ECF Veteran
Dec 4, 2008
2,568
5
USA and Canada
But... they are selling something that they claim is an alternative to an illegal substance. Nicotine is not an illegal substance. Doesn't that put the e-cig in a different category?

There are some products that go out on limbs and you know they are being brash... and it is good marketing. I do not think the "......." product falls into that category. It's actually a really stupid marketing ploy actually. And to make the font look like rails... I don't know... I'd say these people miss their ........
 

Cage

Super Member
ECF Veteran
Jan 9, 2009
451
3
Arizona, USA
....... is legal too... under a doctors care.

I think the point is, if you're going to market something, even with a tongue in cheek campaign, you can wind up in trouble with the FDA.
Putting on your best poker face may keep you in the game for awhile, but if your bluff is called, you better have the cards.
You're right Lacy, one look at that label and you've got to wonder what they were thinking.
 
Last edited:
Status
Not open for further replies.

Users who are viewing this thread