WARNING LETTER
TKTX Numbing Cream USA
MARCS-CMS 702106 —
February 25, 2025
Product:
Drugs
Over-the-Counter Drugs
Recipient:
TKTX Numbing Cream USA
7831 20th St
Westminster
,
CA
92683
United States
contact@tktxnumbingcreamusa.com
Issuing Office:
Center for Drug Evaluation and Research (CDER)
United States
WARNING LETTER
February 25, 2025
RE: 702106
Dear Sir/Madam:
This letter concerns your firm’s distribution of the drug products, “Yellow TKTX Numbing Cream 40%,” “White TKTX Numbing Cream 40%,” “Gold TKTX Numbing Cream 40%,” and “Black TKTX Numbing Cream 40%” (hereinafter collectively referred to as “TKTX Numbing Creams”), for use as external analgesics prior to sensitive cosmetic procedures. The United States Food and Drug Administration (FDA) reviewed your product labeling, including your website at the internet address www.tktxnumbingcreamusa.com, where your products are available for purchase in the United States without a prescription.
“TKTX Numbing Creams” are unapproved new drugs introduced or delivered for introduction into interstate commerce in violation of sections 505(a) and 301(d) of the Federal Food, Drug, and Cosmetic Act (FD&C Act), 21 U.S.C. 355(a) and 331(d). “TKTX Numbing Creams” are also misbranded under section 502(ee) of the FD&C Act, 21 U.S.C. 352(ee). Introduction or delivery for introduction of such products into interstate commerce is prohibited under sections 301(a) and (d) of the FD&C Act, 21 U.S.C. 331(a) and (d).
Your firm markets the above listed drug products as external analgesics to be used before and/or during various sensitive cosmetic procedures such as tattooing, laser cosmetic procedures, microblading, and others. These products are marketed without an approved application under section 505 of the FD&C Act for indications that are not included in a final administrative order issued under section 505G of the FD&C Act, 21 U.S.C. 355h, which governs nonprescription drugs marketed without an approved application. Furthermore, these drug products include lidocaine concentrations that exceed what is permissible for over-the-counter (OTC) external analgesic drug products marketed without an approved application and/or include a combination of active ingredients that does not conform to the conditions of marketing in the external analgesics final administrative order issued under section 505G.
1
FDA has safety concerns about your external analgesic drug products, which include certain active ingredients at concentrations that exceed levels currently permitted in such nonprescription drug products, because they are intended to be used before or during certain cosmetic procedures that could lead to increased absorption of the drug product through the skin. FDA is aware that use of these products before and/or during a cosmetic procedure may not be supervised by trained health professionals. Without this supervision, large amounts of topical analgesics may be applied to a person’s skin. FDA has specifically warned in multiple public health advisories
2
and a recent news release
3
about the use of similar lidocaine and other “-caine” type ingredient products when applied over large areas of skin, particularly on irritated or broken skin, for prolonged periods of time, and when the skin is covered after application. These uses increase the amount of active ingredient that passes into the bloodstream and, if used improperly, may cause serious injury.
Unapproved New Drug and Misbranded Drug Violations
“TKTX Numbing Creams” are drugs as defined by section 201(g)(1)(B) of the FD&C Act, 21 U.S.C. 321(g)(1)(B), because they are intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease and/or under section 201(g)(1)(C) of the FD&C Act, 21 U.S.C. 321(g)(1)(C), because they are intended to affect the structure or any function of the body.
Examples from the “TKTX Numbing Creams” products’ labeling, including the website listed above, that provide evidence of the intended uses (as defined in 21 CFR 201.128) of the products include, but may not limited to, the following:
“Yellow TKTX Numbing Cream 40%”
“Yellow TKTX Numbing Cream 40% takes the edge off tattoos, piercings, and cosmetic treatments so you can focus on the results you love.” [from the product website]
“Are you ready to experience a tattoo session that’s more about the art and less about the ouch? At TKTX Numbing Cream USA, we introduce Yellow TKTX Numbing Cream, your go-to solution for a smooth and comfortable tattooing journey.” [from the product website]
“Yellow TKTX Numbing Cream is crafted with high-quality ingredients, including 5% lidocaine, a proven anesthetic, ensuring a safe and effective numbing experience.” [from the product website]
“Simply cleanse the area, apply a generous layer, and cover with plastic wrap for 40-60 minutes, and you’re all set for a comfortable tattoo session.” [from the product website]
“Can I use it for other procedures besides tattoos?
While primarily designed for tattoos, Yellow TKTX can also be used for other minor procedures such as piercings and laser hair removal.” [from the product website]
“White TKTX Numbing Cream 40%”
“White TKTX Numbing Cream 40% takes the edge off tattoos, piercings, and cosmetic treatments so you can focus on the results you love.” [from the product website]
“Ready to embrace the artistry of tattoos without the sting? At TKTX Numbing Cream USA, we present White TKTX Numbing Cream, your ultimate solution for a comfortable and enjoyable tattoo session.” [from the product website]
“White TKTX Numbing Cream is formulated with high-quality ingredients, including 5% lidocaine, a proven anesthetic.” [from the product website]
“Simply cleanse the area, apply a thick layer, and cover with plastic wrap for 40-60 minutes, and you’re ready for a pain-free tattoo session.” [from the product website]
“Can I use it for other procedures besides tattoos?
While primarily designed for tattoos, White TKTX Numbing Cream can also be used for other minor procedures like piercings and laser hair removal.” [from the product website]
“Gold TKTX Numbing Cream 40%”
“Gold TKTX Numbing Cream 40% takes the edge off tattoos, piercings, and cosmetic treatments so you can focus on the results you love.” [from the product website]
“Are you ready to indulge in a luxurious tattoo experience where pain is a distant memory? At TKTX Numbing Cream USA, we present Gold TKTX Numbing Cream…This premium topical anesthetic is meticulously formulated to provide deep and lasting numbing, ensuring a comfortable and enjoyable tattoo session that feels nothing short of extraordinary.” [from the product website]
“Gold TKTX Numbing Cream is crafted with the finest ingredients, including a powerful blend of 5% lidocaine and prilocaine, ensuring a safe and effective numbing experience.” [from the product website]
“Simply cleanse the area, apply a generous layer, cover with plastic wrap for 40-60 minutes, and you’re all set for a comfortable tattoo session.” [from the product website]
“Can I use it for other procedures besides tattoos?
While primarily designed for tattoos, Gold TKTX Numbing Cream can also be used for other minor procedures such as piercings and laser hair removal.” [from the product website]
“Black TKTX Numbing Cream 40%”
“Black TKTX Numbing Cream 40% takes the edge off tattoos, piercings, and cosmetic treatments so you can focus on the results you love.” [from the product website]
“Are you ready to transform your tattoo experience from daunting to delightful? At TKTX Numbing Cream USA, we present Black TKTX Numbing Cream….” [from the product website]
“Black TKTX Numbing Cream is crafted with high-quality ingredients, including 5% lidocaine and prilocaine, ensuring a safe and effective numbing experience.” [from the product website]
“Simply cleanse the area, apply a generous layer, and cover with plastic wrap for 40-60 minutes, and you’re ready for a virtually pain-free tattoo session.” [from the product website]
“Can I use it for other procedures besides tattoos?
While primarily intended for tattoos, Black TKTX can also be used for other minor procedures such as piercings and laser hair removal.” [from the product website]
Unapproved New Drug Violations
Based on the above labeling evidence “TKTX Numbing Creams” are intended for use as external analgesic drug products. As described below, these drug products are unapproved new drugs marketed in violation of sections 505(a) and 301(d) of the FD&C Act, 21 U.S.C 355(a) and 331(d).
A drug product is a “new drug” within the meaning of section 201(p) of the FD&C Act, 21 U.S.C. 321(p), if it is not generally recognized as safe and effective (GRASE) for use under the conditions prescribed, recommended, or suggested in its labeling. With certain exceptions not applicable here, a new drug may not be introduced or delivered for introduction into interstate commerce without an approved application from FDA in effect, as described in section 505(a) of the FD&C Act, 21 U.S.C. 355(a). No FDA-approved applications pursuant to section 505 of the FD&C Act, 21 U.S.C. 355, are in effect for these drug products identified above.
Under section 505G of the FD&C Act, 21 U.S.C. 355h, certain nonprescription drugs marketed without an approved application —commonly referred to as “over-the-counter (OTC) monograph drugs”— may be legally marketed if they meet applicable requirements. With respect to nonprescription external analgesic drug products, such as “TKTX Numbing Creams” in order to be GRASE and not new drugs, the products must, among other things, conform to the conditions in the applicable OTC monograph, M017: External Analgesic Drug Products for Over-the-Counter Human Use (hereinafter “M017” or the “external analgesics monograph”).
4
However, “TKTX Numbing Creams” do not conform to the conditions of use specified in the external analgesics monograph for the reasons described below.
As formulated, the concentration of active ingredient in your “TKTX Numbing Creams” does not conform to the conditions of use set forth in M017. Specifically, your labeling purports that “Yellow TKTX Numbing Cream 40%,” “White TKTX Numbing Cream 40%,” “Gold TKTX Numbing Cream 40%,” and “Black TKTX Numbing Cream 40%” have a concentration of lidocaine at 5%. This concentration is above the 0.5% to 4% concentration range of lidocaine permitted in M017.
Additionally, your labeling purports that “Gold TKTX Numbing Cream 40%” and “Black TKTX Numbing Cream 40%” contain lidocaine in combination with prilocaine. Prilocaine is not permitted as an active ingredient in M017 or any other OTC drug monograph issued in accordance with section 505G.
Furthermore, the labeling for your “TKTX Numbing Creams” includes indications that are not consistent with the indications for external analgesic drug products. For example, claims from the product labeling described above related to tattooing, piercing, and laser cosmetic procedures go beyond merely describing the general intended uses for an external analgesic drug product. Indications related to tattooing, piercing, and laser cosmetic procedures are not included in M017 or any other final administrative order in accordance with section 505G. As stated in the introduction to this letter, we have safety concerns related to the use of these products for these indications due to the potential for greater absorption of the active ingredients through irritated or broken skin.
Thus, “TKTX Numbing Creams” do not comply with the applicable conditions specified in M017 and have not otherwise been found GRASE.
5
Accordingly, these products are new drugs within the meaning of section 201(p) of the FD&C Act, 21 U.S.C. 321(p), and there is no basis under section 505G of the FD&C Act under which these products would be legally marketed without an approved application. Because there are no approved applications in effect for these products, they are unapproved new drugs. The introduction or delivery for introduction of such products into interstate commerce is prohibited under section 301(d) of the FD&C Act, 21 U.S.C. 331(d).
Misbranded Drug Violations
“TKTX Numbing Creams” are misbranded under section 502(ee) of the FD&C Act, 21 U.S.C. 352(ee), because these products are nonprescription drugs subject to section 505G of the FD&C Act, 21 U.S.C. 355h, but do not comply with the requirements for marketing under that section and are not the subject of an application approved under section 505 of the FD&C Act, 21 U.S.C. 355.
The introduction or delivery for introduction of a misbranded drug into interstate commerce is prohibited under section 301(a) of the FD&C Act, 21 U.S.C. 331(a).
Conclusion
The violations cited in this letter are not intended to be an all-inclusive list of violations that may exist in connection with these products. You are responsible for investigating and determining the causes of any violations and for preventing their recurrence or the occurrence of other violations. It is your responsibility to ensure that your firm complies with all requirements of federal law, including FDA regulations.
This letter notifies you of our concerns and provides you an opportunity to address them. Failure to adequately address this matter may result in legal action including, without limitation, seizure and injunction.
Please notify FDA in writing, within 15 working days of receipt of this letter, of the specific steps you have taken to address any violations. Include an explanation of each step being taken to prevent the recurrence of violations, as well as copies of related documentation. If you believe that these products are not in violation of the FD&C Act, include your reasoning and any supporting information for our consideration. If you cannot complete corrective action within 15 working days, state the reason for the delay and the time within which you will complete the correction. Your response should be sent to U.S. Food and Drug Administration, CDER/OC/Office of Unapproved Drugs and Labeling Compliance by email to FDAADVISORY@fda.hhs.gov and include your firm name in the subject line of your email.
Sincerely,
/S/
Tina Smith, M.S.
Captain, U.S. Public Health Service
Director
Office of Unapproved Drugs & Labeling Compliance
Office of Compliance
Center for Drug Evaluation and Research
U.S. Food and Drug Administration
____________________
1
Section 505G(a)(1) of the FD&C Act specifies criteria under which certain nonprescription drugs without an approved application are deemed GRASE and not "new drugs," notably, conformance with conditions detailed in applicable OTC monograph documents issued by FDA under 21 CFR part 330 prior to enactment of the CARES Act. In the case of OTC external analgesic drug products, relevant documents were deemed under section 505G to be a final administrative order, Over-the-Counter Monograph M017: External Analgesic Drug Products for Over-the-Counter Human Use. (See Order ID OTC000033, available at FDA’s website OTC Monographs@FDA, https://dps.fda.gov/omuf).
2
Refer to FDA public health advisories Life-Threatening Side Effects with the Use of Skin Products Containing Numbing Ingredients for Cosmetic Procedures, Potential Hazards of Skin Products Containing Numbing Ingredients for Relieving Pain from Mammography and Other Medical Tests and Conditions, and Improper Use of Skin Numbing Products Can Be Deadly.
3
Refer to the March 26, 2024 news release titled, “FDA Warns Consumers to Avoid Certain Topical Pain Relief Products Due to Potential for Dangerous Health Effects,” see https://www.fda.gov/news-events/press-announcements/fda-warns-consumers-avoid-certain-topical-pain-relief-products-due-potential-dangerous-health.
4
M017 reflects the conditions as set forth in the relevant final order established and in effect under section 505G; see Order ID OTC000033, available at FDA’s website OTC Monographs@FDA, https://dps.fda.gov/omuf).
5
FDA is not aware of any adequate and well-controlled clinical studies in the published literature that support a determination that “Yellow TKTX Numbing Cream 40%,” “White TKTX Numbing Cream 40%,” “Gold TKTX Numbing Cream 40%,” and “Black TKTX Numbing Cream 40%” are GRASE for use under the conditions prescribed, recommended, or suggested in their labeling.
Content current as of:
03/04/2025
Regulated Product(s)
Drugs
Over-the-Counter Drugs