4 lffll U.S. FOOD & DRUG ~ - ADM I NISTRATION 

May1,2018 

VIA UPS and Electronic Mail 

Jonathan Nemr 

Tinted Brew, Inc. 

21416 Chase St., Ste 1 

Canoga Park, CA 91304-2547 

info@tintedbrew.com 

jon@tintedbrew.com 

WARNING LETTER 

Dear Jonathan Nemr: 

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.tintedbrew.com from which you take orders for the V'Nilla Cookies & Milkeliquid products. 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 V'Nilla 

Cookies & Milke-liquid under Section 5 of the FTC Act, 15 U.S.C. § 45(a). 

FD&C Act Misbranding Violation 

FDA has determined that your V'Nilla Cookies & Milk 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. 

F.DA's investigation of the website http://www.tintedbrew.com revealed that it sells or distributes 

V'Nilla Cookies & Milk 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 cookies that 

are marketed toward children, such as Nilla Wafers cookies and Golden Oreos cookies (see 

Exhibit 8). For example, the labeling and/or advertising for V'Nilla Cookies & Milk e-liquid 

includes statements and representations, such as: "V'Nilla," "Cookies & Milk," and an illustration 

depicting cookies dunked in a glass of milk. In addition, the labeling and/or advertising for 

V'Nilla Cookies & Milk e-liquid includes the appearance of a package of cookies that is 

substantially similar to the packages in which cookies are sold, and displays a product name 

and color scheme that are substantially similar to the cookies in Exhibit B. 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 - Tinted Brew, Inc. 

COOKIES & MIU{ 

6MG 60ML 

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 a 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 V'Nilla Cookies & Milk e-liquid describes its nicotine 

content as 6mg/ml, with a total volume of 60ml, an accidental ingestion of approximately 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 V'Nilla Cookies & Milk 

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. 

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. 
Page 3 - Tinted Brew, Inc. 

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), and 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 V'Nilla 

Cookies & Milke-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, V'Nilla Cookies & Milke-liquid is marketed in packaging that resembles 

Nabisco Nilla Wafers and Golden Oreos cookies, brands that are easily recognized by and 

popular with young children. Nilla Wafers cookies have been marketed on Facebook and 

other social media platforms through campaigns targeted to mothers. Oreo is the top 

cookie brand, and some marketing research indicates that it is the favorite brand among 

children ages 6 through 12. V'Nilla Cookies & Milk e-liquid has a scent very similar to 

vanilla cookies, 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 V'Nilla Cookies & Milk 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 V'Nilla 

Cookies & Milke-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, RW1800856, in your response and direct your response to 

the following address: 
Page 4 - Tinted Brew, Inc. 

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 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 

ht__;;~t:-·, S~ 

Mary K. En;IEJ , 0 

Associate Drfector 

Division of Advertising Practices 

Federal Trade Commission 

VIA UPS and Electronic Mail 

cc: 

Jonathan Nemr 

Tinted Brew, Inc. 

19223 Ventura Blvd 

Tarzana, CA 91356 

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