According to the Child Nicotine Poisoning Prevention Act of 2015, all non-disposable vaping products including e-liquids must have childproof packaging. However, even though child resistant packaging has been required for everything from peanut butter to aspirin since the 1980s, the new regulations for the vaping industry are far more severe. According to a recent study conducted by North Dakota University, 65% of e-liquid containers tested were shown to be non-compliant. All e-juices in the study were purchased between June 9 and June 26, 2015.
As the American vaping industry braces for the coming August 8 prohibition date, many retailers and manufacturers may be experiencing a false sense of security. While vendors may have hired a packaging consultant to design the perfect form of childproof packaging, they may have chosen a consultant that is unfamiliar with the new law. According to the regulations, the consultant must provide a certificate of conformity indicating that the related e-juice complies with the special regulations of the Child Nicotine Poisoning Prevention Act. Just because a package is deemed childproof does not necessarily mean that it complies.
August 8 prohibition: Zero nicotine e-liquids
Not all e-juices fall under the harsh guidelines. For example, those that are labeled as containing zero nicotine are exempt. However, when the team from North Dakota University conducted their research, they also found that 43% of the tested e-liquids were labeled incorrectly. According to the test results, almost half of the 23 bottles of “no nicotine” e-juice actually contained trace amounts of the ingredient.
The average discrepancy was .19mg per milliliter, and one particular brand labeled as zero nicotine contained a whopping .48mg per milliliter. Furthermore, when the scientists tested other e-liquids labeled from 3mg to 24mg of nicotine, a surprising 51% didn’t match their advertised amounts.
E-liquid retailers and manufacturers are encouraged to consult with a qualified packaging expert with expertise in the new child resistant requirements from the Child Nicotine Poisoning Prevention Act. These restrictions will even apply to e-liquids manufactured outside of the United States. Violations of the new law may result in excessive fines and other penalties, including a federally induced “freeze” of all sales transactions of the non-compliant the vape shop’s entire inventory for the foreseeable future. In worst case scenarios, the vendor may be forced to recall all previously sold products as well.
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