CES LLC

This letter concerns your firm’s distribution of Hand Sanitizer as an alcohol-based over-the-counter (OTC) hand sanitizer. Specifically, your Hand Sanitizer is packaged in 8.45 ounce bottles resemble beverage containers customarily purchased by U.S. consumers.

The United States Food and Drug Administration (FDA) reviewed your Hand Sanitizer product, including the product label and container. Based on our review, Hand Sanitizer is misbranded under section 502(i) of the Federal Food, Drug, and Cosmetic Act (FD&C Act), 21 U.S.C. 352(i). Introduction or delivery for introduction of such products into interstate commerce is prohibited under section 301(a) of the FD&C Act, 21 U.S.C. 331(a). This violation is described in more detail below.

Hand Sanitizer is a “drug” as defined by section 201(g)(1)(B) of the FD&C Act, 21 U.S.C. 321(g)(1)(B), because it is intended for 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 it is intended to affect the structure or any function of the body. Specifically, this product is intended for use as a topical consumer antiseptic.

Examples of claims observed on the product label for Hand Sanitizer that provide evidence of the intended uses (as defined in 21 CFR 201.128) of the product includes, but may not be limited to, the following:

“Hand Sanitizer . . . Fights over 99% of most common germs within seconds.” “Directions: • Put a thumbnail size amount in your palm and rub your hands together briskly until dry. ”

Section 502(i)(1) of the FD&C Act, 21 U.S.C. 352(i)(1), provides that a drug is misbranded if “its container is so made, formed, or filled as to be misleading . . .” On August 27, 2020, FDA published a news release titled, “COVID-19 Update: FDA Warns Consumers About Hand Sanitizer Packaged in Food and Drink Containers,” see https://www.fda.gov/news-events/press-announcements/covid-19-update-fda-warns-consumers-about-hand-sanitizer-packaged-food-and-drink-containers. This news release warns consumers about alcohol-based hand sanitizers packaged in containers that resemble food or drink containers customarily purchased by U.S. consumers and may put consumers at risk of serious injury or death if ingested.

Your Hand Sanitizer product is packaged in containers that resemble drinking water bottles customarily purchased by U.S. consumers. OTC hand sanitizer drug products packaged in containers that resemble beverage containers commonly used by adults and children may mislead consumers into believing the products are food and, thereby, increase the risk of accidental ingestion. As such, your OTC hand sanitizer, packaged in 8.45 ounce bottle containers that have a similar shape, size, and function as a plastic bottle ordinarily used to package drinking water, is misbranded under section 502(i)(1) of the FD&C Act, 21 U.S.C. 352(i)(1).

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).

The violation cited in this letter is not intended to be an all-inclusive list of violations that may exist in connection with your product. 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 and 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 cannot complete corrective actions within 15 working days, state the reason for the delay and the time within which you will do so. If you believe that your products are not in violation of the FD&C Act, include your reasoning and any supporting information for our consideration. Direct your email response to the Office of Unapproved New Drugs and Labeling Compliance at the following email address, fdaadvisory@fda.hhs.gov.