~ 11 U.S. FOOD & DRUG z~L.. ADMIN I STRATION 

May 1, 2018 

VIA UPS and Electronic Mail 

John Lau 

7 Daze, LLC 

13170 Spring Street 

Baldwin Park, CA 91706-2284 

info@7dazemfg.com 

WARNING LETTER 

Dear John Lau: 

This is to advise you that the Center for Tobacco Products of the U.S. Food and Drug 

Administration (FDA) and the U.S. Federal Trade Commission (FTC) recently reviewed the 

website http://7dazemfg.com from which you take orders for the Pink Sticks e-liquid product. 

FDA has determined that the e-liquid products listed there are manufactured and offered for 

sale or distribution to customers in the United States. Under section 201 (rr) of the Federal 

Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. § 321 (rr)), as amended by the Family 

Smoking Prevention and Tobacco Control Act, these products are tobacco products because 

they are made or derived from tobacco and intended for human consumption. Certain tobacco 

products, including e-liquids, are subject to FDA jurisdiction under section 901 (b) of the FD&C 

Act (21 U.S.C. § 387a(b)). In addition, the FTC reviewed your marketing for Pink Sticks e-liquid 

under Section 5 of the FTC Act, 15 U.S.C. § 45(a). 

FD&C Act Misbranding Violation 

FDA has determined that your Pink Sticks e-liquid is misbranded under section 903(a)(1) of the 

FD&C Act (21 U.S.C. § 387c(a)(1)) and/or section 903(a)(7)(A) of the FD&C Act (21 U.S.C. 

§ 387c(a)(7)(A)) because its labeling and/or advertising is false or misleading. 

FDA's investigation of the website http://7dazemfg.com revealed that it sells or distributes Pink 

Sticks e-liquid with labeling and/or advertising that causes it to imitate food products, particularly 

ones that are marketed toward, and/or appealing to, children (see Exhibit A). Specifically, the 

labeling and/or advertising of the product looks very similar to Pocky Strawberry biscuit sticks 

(see Exhibit B), a product that is marketed toward, and appealing to, children. For example, the 

labeling and/or advertising for Pink Sticks e-liquid includes the appearance of a box of biscuit 

sticks that is substantially similar to the packages in which biscuit sticks are sold, an image of 

arrayed biscuit sticks, and a color scheme that is substantially similar to the biscuit stick 

package in Exhibit B. Also, your website describes Pink Sticks e-liquid as "[d]elicious flavor of 

ripe strawberries into a sweet pink cream that covers crispy cookie biscuit stick." Further, Pink 

Sticks e-liquid has a strong scent like Pocky Strawberry biscuit sticks that is easily detected 

without opening the package. This labeling and/or advertising causes the product to imitate 

food products, particularly ones that are marketed toward, and/or appealing to, children and is 

therefore misleading. 
Page 2 - 7 Daze, LLC 

I Exhibit A I Exhibit B I 

Children are at particular risk for ingesting e-liquid products with labeling and/or advertising that 

causes the product to imitate a food or beverage, particularly a food or beverage that is typically 

marketed toward, and/or appealing to, children. Moreover, children are at particular risk 

because exposure to the nicotine in the e-liquid product, even in relatively small amounts, could 

result in acute toxicity. Child poisonings due to the ingestion of liquid nicotine have recently 

increased substantially. Severe harms can occur in small children from ingestion of liquid 

nicotine, including death from cardiac arrest, as well as seizure, coma, and respiratory arrest. 

Given that the labeling and/or advertising of Pink Sticks e-liquid describes its nicotine content as 

6mg/ml, with a total volume of 60ml, an accidental ingestion of slightly less than half a 

teaspoon would reach the lower end of the fatal dose range for an average two-year-old. 

Additionally, an accidental ingestion of approximately 2% of a teaspoon would reach the lower 

end of the non-fatal acute toxicity range for an average two-year-old. 

The FD&C Act provides, in part, that a tobacco product shall be deemed to be misbranded (1) if 

its labeling is false or misleading in any particular (section 903(a)(1 )), or (2) if the tobacco 

product is distributed or offered for sale in any State and its advertising is false or misleading in 

any particular (section 903(a)(7)(A)). The labeling and/or advertising for Pink Sticks e-liquid is 

misleading because it causes the product to imitate food products, particularly ones that are 

marketed toward, and/or appealing to, children. Therefore, the product is misbranded under 

section 903(a)(1) and/or 903(a)(7)(A) of the FD&C Act. 
Page 3 - 7 Daze, LLC 

The FD&C Act violation discussed in this letter does not necessarily constitute an 

exhaustive list. You should immediately correct the violation that is referenced above, as 

well as violations that are the same as or similar to the one stated above, and take any 

necessary actions to bring your tobacco products into compliance with the FD&C Act. 

It is your responsibility to ensure that your tobacco products and all related labeling and/or 

advertising on this website, on any other websites (including e-commerce, social 

networking, or search engine websites), in any other media in which you advertise, and in 

any retail establishments comply with each applicable provision of the FD&C Act and FDA's 

implementing regulations. Failure to ensure full compliance with the FD&C Act may result 

in FDA initiating further action without notice, including, but not limited to, civil money 

penalties, no-tobacco-sale orders, criminal prosecution, seizure, and/or injunction. Please 

note that any adulterated and misbranded tobacco products offered for import into the 

United States are subject to detention and refusal of admission. 

Unfair or Deceptive Marketing 

In addition, the Federal Trade Commission has reviewed the online marketing of Pink 

Sticks e-liquid. Section 5 of the FTC Act prohibits unfair or deceptive acts or practices in or 

affecting commerce. This prohibition includes practices that present unwarranted health or 

safety risks. Commission Policy Statement on Unfairness, 104 F.T.C. 1070, 1071 (1984) 

(appended to Int'/ Harvester Co., 104 F.T.C. 949 (1984)), available at 

https://www.ftc.gov/public-statements/1980/12/ftc-policy-statement-unfairness. Preventing 

practices that present unwarranted health and safety risks, particularly to children, is one of 

the Commission's highest priorities. FTC Strategic Plan for 2018-2022, at 6; Philip Morris, 

Inc., 82 F.T.C. 16 (1973). 

As noted above, Pink Sticks e-liquid is marketed in packaging that resembles Pocky 

Strawberry biscuit sticks. Pink Sticks e-liquid has a scent similar to Pocky Strawberry 

biscuit sticks and the odor is detectible without opening the packaging. Given the 

significant number of serious child poisonings due to the ingestion of liquid nicotine, 

packaging Pink Sticks e-liquid in a manner that is likely to be particularly appealing to young 

children could present an unwarranted risk to health and safety. 

The FTC strongly urges you to review your marketing, including packaging, for Pink Sticks 

e-liquid and similarly marketed products and to take swift and appropriate steps to protect 

consumers, especially young children. 

Conclusion and Requested Actions 

With regard to the FD&C Act violation described in this letter, please submit a written response 

to this letter within 15 working days from the date of receipt describing your corrective actions, 

including the dates on which you discontinued the violative labeling, advertising, sale, and/or 

distribution of these tobacco products and your plan for maintaining compliance with the FD&C 

Act. If you do not believe that your products are in violation of the FD&C Act, include your 

reasoning and any supporting information for our consideration. You can find the FD&C Act 

through links on FDA's homepage at http://www.fda.gov. 

Please note your reference number, RW1800845, in your response and direct your response to 

the following address: 
Page 4 - 7 Daze, LLC 

DPAL-WL Response, Office of Compliance and Enforcement 

FDA Center for Tobacco Products 

c/o Document Control Center 

Building 71 , Room G335 

10903 New Hampshire Avenue 

Silver Spring, MD 20993-0002 

If you have any questions, please contact Ele Ibarra-Pratt at (301) 796-9235 or via email at 

CTPCompliance@fda.hhs.gov. 

With regard to the FTC-related issues described in this letter, please notify Rosemary Rosso of 

the FTC via electronic mail at rrosso@ftc.gov within 15 days of receipt of his letter of the specific 

actions you have taken to address the FTC's concerns. 

Sincerely, 

C2tik-~ 

Ann Simoneau, J.D. 

Director 

Office of Compliance and Enforcement 

Center for Tobacco Products 

---~~.~ 

Mary K. f ngle () -

Associate-Director 

Division of Advertising Practices 

Federal Trade Commission 
Page 5 - 7 Daze, LLC 

VIA UPS and Electronic Mail 

cc: 

John Lau 

7 Daze LLC 

1425 S. Vineyard Ave. 

Ontario, CA 91761 

John Lau 

7 Daze LLC 

7629 Garvalia Ave. 

Rosemead, CA 91770 

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