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

,4 ADM I N ISTRATION 8 FTC 

May 1, 2018 

VIA UPS and Electronic Mail 

Albert Shu 

Sugoi LLC 

d/b/a Sugoi Vapor 

15411 Red Hill Ave., Suite D 

Tustin, CA 92780 

sugoivapor@gmail.com 

WARNING LETTER 

Dear Albert Shu: 

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.sugoivapor.com from which you take orders for Pink Sticks e-liquid products. 

FDA has determined that the e-liquid products listed there are 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 eliquids, 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 Violations 

1. False or Misleading 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://www.sugoivapor.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/or 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 “a 

delicious flavor of ripe strawberries blended into a sweet pink cream that covers a crispy cookie

biscuit.” Further, Pink Sticks e-liquid has a strong scent like Pocky Strawberry biscuit sticks that 
 

 

 

 

 

 

 

 

 

 

 

 

 

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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. 

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 Pink Sticks 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 Pink Sticks e-liquid is

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 3 – Sugoi LLC d/b/a Sugoi Vapor 

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. 

2. Sales to Minors Violation 

Additionally, FDA has determined that your Pink Sticks e-liquid is misbranded under section 

903(a)(7)(B) of the FD&C Act (21 U.S.C. § 387c(a)(7)(B)) because you sold this product to a 

person younger than 18 years of age. 

FDA’s investigation of the website http://www.sugoivapor.com revealed that you sold an e-liquid 

product to a minor. Specifically, during our investigation of http://www.sugoivapor.com, a 

person younger than 18 years of age purchased Pink Sticks e-liquid from your website. No 

retailer may sell covered tobacco products, including e-liquid, cigar, pipe tobacco, waterpipe 

tobacco, and dissolvable tobacco products, as well as electronic nicotine delivery system

(ENDS) products that contain any tobacco derivative, to a person younger than 18 years of age 

under 21 C.F.R. § 1140.14(b). Under 21 C.F.R. § 1140.3, a “covered tobacco product” is 

defined as any tobacco product deemed to be subject to chapter IX of the FD&C Act by 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 product cited in this violation is a “covered tobacco 

product.” 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 1140. Because this product is 

sold or distributed to persons younger than 18 years of age in violation of 21 C.F.R. 

§ 1140.14(b), this product is misbranded under section 903(a)(7)(B) of the FD&C Act (21 U.S.C. 

§ 387c(a)(7)(B)). 

The FD&C Act violations discussed in this letter do not necessarily constitute an exhaustive 

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

violations that are the same as or similar to the ones 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. 
 

 

 

 

 

 

 

 

 

 

Page 4 – Sugoi LLC d/b/a Sugoi Vapor 

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’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, 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 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, RW1800845, 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. 
Page 5 - Sugai LLC d/b/a Sugai Vapor 

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, 

tbui~ 

Ann Simoneau, J.D. 

Director 

Office of Compliance and Enforcement 

Center for Tobacco Products 

'11-u~, ~Gi__ 

Mary K. E~gle - . () 

Associate Director 

Division of Advertising Practices 

Federal Trade Commission 

VIA UPS and Electronic Mail 

cc: 

Albert Shu 

6216 Harvey Way 

San Gabriel, CA 91775 

Sugai LLC 

d/b/a Sugai Vapor 

208 Technology Dr., Suite M 

Irvine, CA 92618 

Jason Lee 

lamborarijason@gmail.com 

GoDaddy.com, LLC 

abuse@godaddy.com 

Shopify, Inc. 

abuse@shopify.com