The subject merchandise, “VAE Energy Spray” is described as a pocket-sized, multi-use liquid energy spray that is used to provide caffeine to individuals for energy on the go. The energy spray is said to contain caffeine (1,3,7 – trimethylxanthine), NALT (n-acetyl-tyrosine), l-theanine, xylitol, sucralose, acesulfame potassium, clear-taste natural flavor essential (flavor modulator derived from mushroom extract), vegetable glycerin, maltodextrin, treattsweet extra 9856 (flavor modulator, non-caloric blend of all-natural essences), optify taste modifier flavor (flavor modulator), flavor, purified water, potassium sorbate and sodium benzoate. The product is packaged for retail sale in 4ml spray bottles and is marketed as a dietary supplement. Instructions on the product website at www.vaelabs.com, directs the consumer to spray the product on their tongue or into water, with a suggested dosage of up to 5 sprays, three times a day.
[1] Please importantly note that only the relevant portion of the related is displayed above. You may refer to the said customs ruling for the entire ruling explanation.
[1]. https://rulings.cbp.gov/ruling/N321514