i U.S. FOOD & DRUG /--, II 

,4 ADM I N ISTRATION 8 FTC 

May 1, 2018 

VIA UPS and Electronic Mail 

Ali Esmaili and Jameson Rodgers 

NEwhere Inc. d/b/a Mad Hatter Juice

19801 Nordhoff Pl #107 

Chatsworth, CA 91311 

info@MadHatterJuice.com 

ali@newhere.com 

jameson@newhere.com 

WARNING LETTER 

Dear Ali Esmaili and Jameson Rodgers: 

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://www.madhatterjuice.com from which you take orders for the One Mad Hit Juice 

Box 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 has reviewed your 

marketing for One Mad Hit Juice Box 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 One Mad Hit Juice Box 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://www.madhatterjuice.com revealed that it sells or 

distributes One Mad Hit Juice Box e-liquid with labeling and/or advertising that causes it to 

imitate a food or beverage, particularly one that is marketed toward, and/or appealing to,

children (see Exhibit A). Specifically, the labeling and/or advertising of the product looks very 

similar to the labeling and/or advertising for juice boxes that are commonly marketed toward 

children (see Exhibit B). For example, the labeling and/or advertising for One Mad Hit Juice Box 

e-liquid includes statements and representations, such as “Juice Box,” “juicy apple juice,” “A 

Juicebox a Day Keeps the Doctor Away,” “Serving Size 1 bottle,” and “real red apples,” as well 

as a label on the back that is substantially similar to a food Nutrition Facts label. In addition, the 

labeling and/or advertising of One Mad Hit Juice Box e-liquid includes: the appearance of folded 

over and sealed top corners of the product’s packaging that is substantially similar to the 

aseptic, shelf-stable packages in which juice boxes are sold; an image of a straw wrapped in 
Page 2 - NEwhere Inc. d/b/a Mad Hatter Juice 

clear plastic affixed to the side of the packaging; images of apples and apple trees; and a color 

scheme that is substantially similar to the juice boxes in Exhibit B. Further, One Mad Hit Juice 

Box e-liquid has a strong scent like apple juice. This labeling and/or advertising causes the 

product to imitate a food or beverage, particularly one that is marketed toward, and/or appealing 

to, children and is therefore misleading. 

Exhibit A Exhibit B 

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 on One Mad Hit Juice Box e-liquid describes its 

nicotine content as 3mg/mL, with a total volume of 180ml, an accidental ingestion of slightly 

less than a teaspoon would reach the lower end of the fatal dose range for an average twoyear-old. Additionally, an accidental ingestion of approximately 3% 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 One Mad Hit Juice Box 

e-liquid is misleading because it causes the product to imitate a food or beverage, particularly 

one that is 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. 

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 
Page 3 - NEwhere Inc. d/b/a Mad Hatter Juice 

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, 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 One Mad 

Hit Juice Box 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, One Mad Hit Juice Box e-liquid products are marketed in packaging that 

very closely resembles apple juice boxes targeted to and primarily consumed by young 

children. Thee-liquid product has a scent identical to apple juice 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 One Mad Hite-liquid products 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 One Mad Hit 

e-liquid products 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. 
Page 4 - NEwhere Inc. d/b/a Mad Hatter Juice 

Please note your reference number, RW1800836, in your response and direct your response to 

the following address: 

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 above, please notify Rosemary Rosso of the 

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

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

Sincerely, 

Ann 

a~~ Simoneau, J.D. 

Director 

Office of Compliance and Enforcement 

Center for Tobacco Products 

/)1~}L'. 

Mary K. iE9gle 

Associate~rnrector 

Division of Advertising Practices 

Federal Trade Commission 
Page 5 - NEwhere Inc. d/b/a Mad Hatter Juice 

VIA UPS and Electronic Mail 

cc: 

VapeCo Distribution LLC 

Attn: Jameson Rodgers 

9301 Oakdale Ave Suite #104 

Chatsworth, CA 91311 

One Hit Wonder Holdings, LLC 

Attn: Andrew Gale 

1820 W. Orangewood Ave, Ste 1048 

Orange, CA 92868 

GoDaddy.com, LLC 

abuse@godaddy.com 

Shopify Inc. 

abuse@shopify.com