VIA UPS and Electronic Mail

 

Artist Liquids Laboratories LLC d/b/a Artist Liquid Labs

Attn: Travis Bain and Robert Branting

14253 169th Dr SE Ste 503

Monroe, WA 98272 

info@artistliquids.com 

travis@artistliquidlabs.com

sales@artistliquidlabs.com 

WARNING LETTER

Dear Travis Bain and Robert Branting: 

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 Instagram account of SmileKing40 

(https://www.instagram.com/smileking40) and the Facebook account of SmileKing40 

(https://www.facebook.com/igsmileking40), containing social media posts with labeling and/or 

advertising for several e-liquid products on behalf of Artist Liquid Labs, as well as the website, 

https://www.artistliquidlabs.com, and the Instagram account of Artist Liquid Labs, 

http://www.instagram.com/artistliquidlabs, and determined that the e-liquid products listed there 

are manufactured, advertised, 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 the above-referenced social media postings under section 5 of the FTC Act, 

5 U.S.C. § 45.

FD&C Act Violation

FDA has determined that several e-liquid products manufactured, advertised, and offered for 

sale or distribution to customers in the United States by Artist Liquid Labs with labeling and/or 

advertising on behalf of, and by, Artist Liquid Labs are misbranded under section 903(a)(7)(B) of 

the FD&C Act (21 U.S.C. § 387c(a)(7)(B)) and 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

the labeling and/or advertising for these e-liquid products in social media posts on your behalf, 

in social media posts by you, and on your website fails to include the required nicotine warning 

statement for these e-liquid products.

_# 11 U.S. FOOD & DRUG -i~'- ADMINISTRATION ~ FTC 
Artist Liquids Laboratories LLC d/b/a Artist Liquid Labs

2 

E-Liquid Products with Labeling and/or Advertising that Fails to Include the Required 

Nicotine Warning Statement are Misbranded 

Our review of the website, https://www.artistliquidlabs.com, revealed that Artist Liquid Labs 

manufactures, advertises, and offers for sale or distribution to customers in the United States eliquid products, including: Artist Liquids Peanut Butter Rocket Nicotine Salt E-Liquid, Artist 

Liquids Nice Melons Nicotine Salt E-Liquid, Artist Liquids Cotton Cookies Nicotine Salt E-Liquid, 

Artist Liquids Strawberry Clouds Nicotine Salt E-Liquid, and Artist Liquids Blue Label Nicotine 

Salt E-Liquid. 

Our review of the Instagram account of SmileKing40 (https://www.instagram.com/smileking40) 

and the Facebook account of SmileKing40 (https://www.facebook.com/igsmileking40) revealed 

that they contain posts on behalf of Artist Liquid Labs with labeling and/or advertising for several 

e-liquid products advertised in the United States that does not include the required nicotine 

warning statement, for example: Artist Liquids Peanut Butter Rocket Nicotine Salt E-Liquid, 

Artist Liquids Nice Melons Nicotine Salt E-Liquid, Artist Liquids Cotton Cookies Nicotine Salt ELiquid, and Artist Liquids Blue Label Nicotine Salt E-Liquid.

Specifically, these social media accounts of SmileKing40 contain posts dated, for example, 

August 20, 2018, August 21, 2018, February 8, 2019, February 28, 2019, March 1, 2019, March 

2, 2019, March 4, 2019, March 5, 2019, and March 10, 2019, with labeling and/or advertising for 

Artist Liquids Peanut Butter Rocket Nicotine Salt E-Liquid, Artist Liquids Nice Melons Nicotine 

Salt E-Liquid, Artist Liquids Cotton Cookies Nicotine Salt E-Liquid, and Artist Liquids Blue Label 

Nicotine Salt E-Liquid that does not include the required nicotine warning statement (see

examples below). 

Instagram:

 

 

smileking4 0 • Follow 

smileki ng40 Good morning Q C, • 

~'s) ~ My 1avorite Peanut butter 

vape ~ . 

EJUICE: Peanut Butter Rocket 

@art1stl1quidlabs 

MOD: dotBox 75w @dotmod 

@dolmod_france 

RTA: dotRDTA MTL "COMING 

SOON- @dotmod @dotmod_france 

ilejuice #vapelife -#vapecommunity 

;tvapeon -tvapenatlon #:vape 

;tvapers #vapepics 4'\lapefam 

-#westcoastvapers #eastcoastvapers 

itukvapers #canon photog raphy 
Artist Liquids Laboratories LLC d/b/a Artist Liquid Labs

3 

Instagram:

Facebook:

 

smilcking40 When one of your 

favorite flavors i!i available in 

SoltNic ~ · ,0,0,0 . 

EJUICE: Cotton Cookies 

@art1st11qu1dlabs 35MG 30ml 

POO: @mionevape , 

<vape *eJuice #Vapefam #vapelife 

itvapecommunity :/tvapeporn 

#vapenahon #wc~tcoastvapers 

#ea!itcoastvapers #canadianvapers 

ilvopepics ilvopehooligons 

"vapesociety #saltn,c #vapestagram 

4w 

Smileking40 Johnny 

LIXC:1 TtllS P;,g~ F<l~RJaf\" 23 (I 

Good mc miflg :: • ) ,J 

M'." favorite Pxnut buttor VilO-C V 

EJU CE Pt:1a-1ul Bull'='' RWtl ~mli:,litfll (11~1,s 

MOD dc1Bm 75w@dolmod @chl:mod_fraicc 

RTA dotRDTA. MTL "COMING SOON" Adotrncd 

@::k:tmoo_trsoce 

:'7\;iu (.'~ 7N<>ptili~ ;'fv~(.'t1tlllll1Jllil·~ ffv::;p~on 

~pFN1.'Jtnn .lv;;ipr-i 1,lwipm'."'. ~v.:iir1F.p1~ 4va:':ffl:111 

i'1\¥0~COOZ1V[lpo(S 7f0:3Cl000£!V'3001'£ 111.ll<J~Orc 

~ 1 011μ1Jul.u,.i11:1p·1y~Ji.;bm.:d ti1;11li::.Un~ulll~ 

;,ivapesoCIEfy #vapesoci:!ty 

rf:J Like C Corm,ent ~ ) Share 

Wnto o comment 
Artist Liquids Laboratories LLC d/b/a Artist Liquid Labs

4 

Facebook:

 

Additionally, our review of your Instagram account (https://www.instagram.com/artistliquidlabs) 

revealed that it contains posts with labeling and/or advertising for several e-liquid products 

advertised in the United States that does not include the required nicotine warning statement, 

for example: Artist Liquids Peanut Butter Rocket Nicotine Salt E-Liquid and Artist Liquids 

Strawberry Clouds Nicotine Salt E-Liquid.

Specifically, your social media account on Instagram contains posts dated, for example, August 

29, 2018, and April 23, 2019 with labeling and/or advertising for Artist Liquids Peanut Butter 

Rocket Nicotine Salt E-Liquid and Artist Liquids Strawberry Clouds Nicotine Salt E-Liquid that 

does not include the required nicotine warning statement.

Smileking40 Johnny 

like This Pa_ge March 4 -QWhen one of your favorite flavors is available in 

SaltNic i J J 

Cotton Cookies @artistliquidlabs 351'1G 

@mionevape 

#Vape #eju1ce llllapefam #Vapal~e #vapooommunity 

#Vapoporn #Vapenatlon ffwestcoastvapers 

1/eastcoastvapars #canaidianvapers #Vapapics 

#Vapehool1gans #Vapesoc1Gty #saltrnc #Vapestagram 

rr) Like CJ Comment ~ Share 

Wnte a crxnmenl 
Artist Liquids Laboratories LLC d/b/a Artist Liquid Labs

5 

Instagram:

artistliquidlabs • Follow 

PBRTexas 

artistliquidlabs This is our #1 Salt 

available online at our website. 

#pbr 

@janelladubois 

Pod handcheck with some yummy 

@artistliquidlabs Peanut Butter Rocket 

in salt nic form and the Suorin Vagon 

artistliquidlabs.com 

#handcheck 

#artistliquids #ejuice #eliquid #nicsalts 

#Vapepics #Vapecommunity #Vapelife 

39w 

antpods Why limit your Juice to 

bottles? Fill me with this! 1io 

39w Reply 

Q O L!J 

77 likes 

AUGUST 29, 2018 

Log in to like or comment. 

'D artistliquidlabs • Follow 

'D artistliquidlabs @kristina_vapes 

Did you know that @artistliquidlabs 

also has salt nics? 

35mg smooth and f avorful. They're 

just as good in salt nic form as they 

are in their regular eliquids .. 

Strawberry Clouds is a blend of sweet 

candied strawberries with cream. • 

#artistliquidlabs #strawberryvape 

#saltnic #nicsalt #saltnicotine 

#Vapingstyle #mtlvapers #Vapestyle 

#Vapecommunity 1/Vaperforlife 

#Vapedaily #keeponvaping 

5w 

, ------. kristina vaoes ••• 

Q O L!J 

67 likes 

APRIL 23 

Log in to like or comment. 
Artist Liquids Laboratories LLC d/b/a Artist Liquid Labs

6 

Additionally, our review of the website, https://www.artistliquidlabs.com, revealed that the 

labeling and/or advertising for several e-liquid products that you manufacture, advertise, and 

offer for sale or distribution in the United States, does not include the required nicotine warning 

statement, for example: Artist Liquids Peanut Butter Rocket Nicotine Salt E-Liquid, Artist Liquids 

Strawberry Clouds Nicotine Salt E-Liquid, and Artist Liquids Nice Melons Nicotine Salt E-Liquid.

Under 21 C.F.R. § 1143.3, labeling and advertising for cigarette tobacco, roll-your-own tobacco, 

and covered tobacco products (other than cigars), such as e-liquid products, must bear the 

following warning statement: 

WARNING: This product contains nicotine. Nicotine is an addictive chemical.

For cigarette tobacco, roll-your-own tobacco, and covered tobacco products other than cigars, it 

is unlawful for any person to manufacture, package, sell, offer to sell, distribute, or import for 

sale or distribution in the United States such product unless such tobacco product package 

bears the following required warning statement on the package label: “WARNING: This 

product contains nicotine. Nicotine is an addictive chemical” (21 C.F.R. § 1143.3(a)). It also is 

unlawful for such tobacco product manufacturer, packager, importer, distributor, or retailer of the 

tobacco product to advertise or cause to be advertised within the United States any tobacco 

product unless each advertisement bears the required warning statement (21 C.F.R. 

§ 1143.3(b)). Under 21 C.F.R. § 1140.3, a “covered tobacco product” is defined as any tobacco 

product deemed to be subject to the FD&C Act under 21 C.F.R. § 1100.2, excluding 

components or parts not made or derived from tobacco. Before 21 C.F.R. § 1100.2 became 

effective, only cigarettes, smokeless tobacco, roll-your-own tobacco, and cigarette tobacco were 

subject to chapter IX of the FD&C Act. 21 C.F.R. § 1100.2 deems all other tobacco products, 

except accessories of such tobacco products, subject to chapter IX and its implementing 

regulations. The products cited in this violation are “covered tobacco products.” Under section 

903(a)(7)(B) of the FD&C Act (21 U.S.C. § 387c(a)(7)(B)), tobacco products are misbranded if 

sold or distributed in violation of regulations prescribed under section 906(d) of the FD&C Act, 

including those within 21 C.F.R. Part 1143. Because labeling and/or advertising in the social 

media posts on behalf of, and by, Artist Liquid Labs regarding these e-liquid products, and on 

your website regarding these e-liquid products, does not include the required nicotine warning 

statement for these products, in violation of 21 C.F.R. § 1143.3(a) and/or 21 C.F.R. § 1143.3(b), 

the e-liquid products are misbranded under section 903(a)(7)(B) of the FD&C Act (21 U.S.C. 

§ 387c(a)(7)(B)).

In addition, a tobacco product is misbranded under section 903(a)(1) of the FD&C Act (21 

U.S.C. § 387c(a)(1)) if its labeling is false or misleading in any particular. A tobacco product is 

misbranded under section 903(a)(7)(A) of the FD&C Act (21 U.S.C. § 387c(a)(7)(A)) if, in the 

case of any tobacco product distributed or offered for sale in any State, its advertising is false or 

misleading in any particular. Under section 201(n) of the FD&C Act (21 U.S.C. § 321(n)), in 

determining whether labeling and/or advertising is misleading, the agency considers, among 

other things, the failure to reveal material facts concerning the consequences that may result 

from the customary or usual use of the product. Because the labeling and/or advertising in the 

social media posts on behalf of, and by, Artist Liquid Labs regarding these e-liquid products, 

and on your website regarding these e-liquid products, does not include the required nicotine

warning statement for these products, the e-liquid products are 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)).
Artist Liquids Laboratories LLC d/b/a Artist Liquid Labs

7

The violations discussed in this letter do not necessarily constitute an exhaustive list. You 

should immediately correct the violations referenced above, as well as violations that are 

the same as or similar to those 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 your 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 or misbranded tobacco products offered for import into the United 

States are subject to detention and refusal of admission.

Unfair or Deceptive Marketing

The FTC has reviewed the social media postings concerning these Artist Liquids e-liquid 

products. Section 5 of the FTC Act, 15 U.S.C. § 45, prohibits unfair or deceptive acts or 

practices in or affecting commerce. This prohibition includes the failure to disclose material 

health or safety risks. See Swisher Int’l, Inc., 2000 WL 1207447 (MSNET Aug. 25, 2000) 

(consent order requiring health warnings for cigar packages and advertisements); Lorillard, 80 

F.T.C. 455 (1972) (consent orders requiring health warnings in cigarette advertisements). The 

e-liquid products cited in the above-referenced social media postings contain nicotine. The U.S. 

Surgeon General has long recognized the addictive nature of tobacco products due to the 

presence of nicotine. See U.S. Dept. of Health and Human Services, “The Health 

Consequences of Smoking: Nicotine Addiction,” A Report of the Surgeon General, 1988. Given 

the significant risk of addiction, the failure to disclose the presence of and risks associated with 

nicotine raises concerns that the social media postings could be unfair or likely to mislead 

consumers. The FTC urges you to review your marketing, including endorsements by your 

social media influencers, and ensure that necessary and appropriate disclosures are made 

about the health risks of nicotine.

In addition, the FTC’s Guides Concerning Use of Endorsements and Testimonials in 

Advertising, 16 C.F.R. § 255.5 (2018) (Endorsement Guides), state that if there is a “material 

connection” between an endorser and the marketer of a product – in other words, a connection 

that might affect the weight or credibility that consumers give the endorsement – that connection 

should be clearly and conspicuously disclosed, unless the connection is already clear from the 

context of the communication containing the endorsement. Material connections could consist 

of a business, family, or personal relationship; monetary payment; or the provision of free 

products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC 

staff guidance makes clear that marketers should advise endorsers of their disclosure 

responsibilities and should monitor their endorsements to ensure that appropriate disclosures 

are made.

If your company has a material connection to someone endorsing your products, that 

relationship should be clearly and conspicuously disclosed in the endorsements, unless the 

relationship is otherwise apparent. To be both “clear” and “conspicuous,” the disclosure should 

use unambiguous language and stand out. Consumers should be able to notice the disclosure 

easily, and not have to look for it. For example, consumers viewing posts in their Instagram 
Artist Liquids Laboratories LLC d/b/a Artist Liquid Labs

8

streams on mobile devices typically see only the first two lines of a longer post unless they click 

“more,” and many consumers may not click “more.” Therefore, an endorser should disclose any 

material connection above the “more” button. In addition, where there are multiple tags, 

hashtags, or links, readers may just skip over them, especially where they appear at the end of 

a long post.

If your company has a written social media policy that addresses the disclosure of material 

connections by endorsers, you may want to evaluate how it applies to the posts identified in this 

letter and to posts by other endorsers of your products. If your company does not have such a 

policy, you may want to consider implementing one that provides appropriate guidance to your 

endorsers. You may also want to review your company’s social media marketing to ensure that 

posts contain necessary disclosures and they are clear and conspicuous.

Conclusion and Requested Actions

With regard to the FDA-related violations 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, RW1901099, 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 about the content of this letter, please contact Ele Ibarra-Pratt at 

(301) 796-9235 or via email at CTPCompliance@fda.hhs.gov.
Artist Liquids Laboratories LLC d/b/a Artist Liquid Labs 

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 this letter of the 

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

Sincerely, 

Ann Simoneau, J.D. 

Director 

Office of Compliance and Enforcement 

Center for Tobacco Products 

~~~R~ 

Mary K. tJe, J.D. < 6 ~ Associate Director 

Division of Advertising Practices 

Federal Trade Commission 

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