August 8 prohibition: New study shows 65% of vaping products not childproof

August 8 prohibition: New study shows 65% of vaping products not childproof

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.


The opinions expressed in this article are those of the author's and do not necessarily represent the viewpoints, policy or company position of, the rest of our staff, and/or any/all contributors to this site.

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Amoret - January 4, 2018

What is missing in these regulations are any exceptions for those of us who actually can’t* open child resistant packaging. I had to start making my own liquids after first my favorite business, then many others started to sell all of their product in child resistant containers. I know these problems aren’t the fault of the sellers now that they have no choice.

I can get all of my prescriptions and most of my over the counter medications in ‘easy opening’ containers on request. Most other chemical liquids have caps that are either fairly easy to defeat, or can be left partially open in a household with no resident or visiting children. But the nicotine liquid is in small bottles and most of the lids used require the ability to pinch in or push down.

So I’m a DIY vaper now. The worst issues there are some of the flavorings, but I don’t much mind smelling funny for a day or two. And I’m ordering my favorite flavorings in large sizes* now.

Vaping is hard enough with hand disabilities. The location, size, and amount of pressure needed for the power control become far more important than the looks of the latest devices. The wight with batteries in can rule out higher wattage vaping devices.* Tanks have to be genuinely easy to fill, etc. but there are ways around most those factors. But making the liquid inaccessible is a major problem.

*I have a medical condition that causes my hands to be both weak and uncoordinated. Mine is rare, but there are many that are not.

**I never have understood why a larger container is sold without the protective lids used on the smaller ones.

I have a problem with terminology for the actual power producing portion of vaping equipment. They haven’t been modified for use during the 4 years I’ve been vaping, so ‘mods’ doesn’t seem rights. I kind of liked ENDS but seem to be in a minority on that.
Dale - July 30, 2016

so when will packets of 20 Cigs be child proof ? When will lighters be child proof ? When will a box of matches be child proof ? OH Wait a bottle of fairy liquid is not child proof either , dont think that would taste very good or do you much good. FAILED ARGUMENT AGAIN !

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