i U.S. FOOD & DRUG ,,-., 11 •,4- ADMINISTRATION ~ FTC 

May 1, 2018 

VIA UPS and Electronic Mail 

Allen Park 

ACH Group, LLC d/b/a Candy Co E-Liquids

14946 Shoemaker Ave Ste A 

Santa Fe Springs, CA 90670 

candycoeliquids@gmail.com 

sales@candycoeliquids.com 

WARNING LETTER 

Dear Allen Park: 

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.candycoeliquids.com from which you take orders for Patches by Candy Co. 

e-liquid. 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 Patches 

by Candy Co. 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 Patches by Candy Co. 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.candycoeliquids.com revealed it sells or 

distributes Patches by Candy Co. 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 

candy that is primarily marketed toward, or appealing to, children, such as Sour Patch Kids or

other candies that are coated in sugar and/or are in the shape of bottles (see Exhibit B). For 

example, the labeling and/or advertising for Patches by Candy Co. e-liquid includes the terms 

“Candy” and “Patches,” as well as images of yellow, red, green, orange, and blue bottles coated 

in a sugar-like substance prominently placed on the front of the packaging. These same bottles 

also appear to be emerging from the top of the packaging, as if to indicate that these sugar

coated, brightly colored items are inside. Additionally, the labeling and/or advertising contains a 

label on the back that is substantially similar to a food Nutrition Facts label. Further, your 

website describes the product as “[a]n utterly delicious, sour coated, sweet centered jelly 

candy.” This labeling and/or advertising causes the product to imitate candy, particularly one 
 

 

 

 

 

 

 

 

 

 

 

Page 2 – ACH Group, LLC d/b/a Candy Co E-Liquids 

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 Patches by Candy Co. e-liquid describes its 

nicotine content as high as 12mg/mL, with a total volume of 60mL, an accidental ingestion of 

about a quarter of a teaspoon would reach the lower end of the fatal dose range for an average 

two-year-old. Additionally, an accidental ingestion of approximately 1% 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 Patches by Candy Co. 

e-liquid is misleading because it causes the product to imitate candy, particularly one that is 
 

 

 

 

 

 

 

 

 

 

 

 

Page 3 – ACH Group, LLC d/b/a Candy Co E-Liquids 

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 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, 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 Patches 

by Candy Co. 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’l 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, Patches by Candy Co. e-liquid is marketed in packaging that closely 

resembles candy such as Sour Patch Kids, a brand that is very popular with young children. 

Patches by Candy Co. e-liquid has a scent very similar to Sour Patch Kids candy products

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 Patches by Candy 

Co. 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 Patches by 

Candy Co. 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 
Page 4 -ACH Group, LLC d/b/a Candy Co E-Liquids 

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, RW1800852, 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, 

tltuu~~ 

Ann Simoneau, J.D. 

Director 

Office of Compliance and Enforcement 

Center for Tobacco Products 

/ 11Ler,~ -, ~ ~ ~ 

Mary K:f},~~ -~- ~ () Associate ·Director 

Division of Advertising Practices 

Federal Trade Commission 

VIA UPS and Electronic Mail 

cc: 

Allen Park 

ACH Group, LLC d/b/a Candy Co E-Liquids 

1 0941 Hayford St 

Norwalk, CA 90650 

GoDaddy.com, LLC 

abuse@godaddy.com