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FDA Warns Manufacturer of Nicotine Toothpicks

Lawsuit News from OnderLaw

Smart Toothpicks allegedly sold nicotine products to minors, sold unapproved tobacco products, and failed to include a health warning on its packaging.

Friday, January 31, 2020 - FDA Commissioner Stephen M. Hahn, M.D has issued a statement warning Smart Toothpicks, LLC, a company manufacturing and selling nicotine-infused toothpicks, that the FDA will not tolerate violations of federal tobacco violations.

Today's warning letter, issued by the FDA to Smart Toothpicks, notifies the company of violations involving selling nicotine-based toothpicks to minors, as well as selling nicotine-based products without authorization or approval of the FDA and failing to include the required health risk warning on the nicotine products they've sold.

"The FDA has been holding retailers and manufacturers accountable for marketing and sales practices that have led to increased youth accessibility and appeal of tobacco products," said Hahn. "We're especially concerned about novel nicotine-containing products, such as these nicotine-containing toothpicks, being sold and marketed to youth. Evidence shows that youth exposure to nicotine can adversely affect the developing adolescent brain and put youth at risk for nicotine addiction."

Smart Toothpicks is required to provide a written response to the warning within 15 working days detailing the corrective actions it plans to take in order to maintain compliance. If they do not comply, the company will face potential fines, seizure of assets, and/or injunction.

According to Hahn, "As part of the agency's Youth Tobacco Prevention Plan, the FDA continues work on all fronts to prevent and reduce youth tobacco use through all available regulatory tools. This includes taking action against manufacturers and retailers who market or sell these products to minors, educating youth about the dangers of tobacco, and implementing the policies necessary to keep them out of the hands of America's kids."

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