Warning letter · FDA Warning Letters

Eagle Energy USA, Inc.: FDA Warning Letter 617712 (Dec 1, 2021)

Agency action: Dec 1, 2021Record ID: fda_warning_-995b6a8eff13f184
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What happened

Original notice title

Eagle Energy USA, Inc. MARCS-CMS 617712, December 01, 2021

From the archived source record

The claims on your website, social media website, and product packaging, establish that your products are unapproved new drugs sold in violation of sections 505(a) and 301(d) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act), 21 U.S.C. 355(a) and 331(d). Furthermore, the use of your “Caffeine Pen” products raises safety concerns for the agency because the ingredients and/or impurities in oral inhalation products may trigger laryngospasm or bronchospasm, may be toxic to the tissues in the upper or lower airways, or may be absorbed and exert undesirable systemic effects or organ toxicity. Based on over a decade of third party research on micro-dosing botanicals and vaporizer technology, Eagle Energy uses a lower temperature threshold than typical vaporizers to avoid the creation of unintended byproducts, as well as plant-based stimulants which are known to be easy on the lungs and airways when absorbed, compared to synthetic stimulants. So, you can control the level and duration of your energy boost, avoiding the jitters. 3. The violations cited in this letter are not intended to be an all-inclusive statement of violations that exist in connection with your marketed products. You are responsible for investigating and determining the causes of any violations and for preventing their recurrence or the occurrence of other violations. You should take prompt action to address the violations cited in this letter. Failure to promptly address these violations may result in enforcement action without further notice, including, without limitation, seizure and/or injunction. Please notify FDA in writing, within fifteen working days of receipt of this letter, of the specific steps that you have taken to address these violations. Include an explanation of each step being taken to prevent the recurrence of violations, as well as copies of related documentation.

What the official notice says to do

Check the original notice for the instructions that apply to the named product, company, and affected lots.

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Status and source details

Status recorded in the archive
No closeout listed in FDA table
Source checked
Jul 16, 2026
Record revision
b3f0f194ef72

This is a dated record. Its current status may have changed since the source was captured. A record applies to its stated scope; it is not a safety rating for every product from a company.

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What is affected

Product
Caffeine Pen; Lychee Ice; Guarana Berry; 301(d) of the Federal Food; and Cosmetic Act (the FD&C Act)
Company
Eagle Energy USA, Inc.
Lot / identifier
The source does not specify this field.
Market / distribution
The source does not specify this field.