Child Nicotine Poisoning Prevention Act: What It Means for the E-liquid Industry

Child Nicotine Poisoning Prevention Act: What It Means for the E-liquid Industry

Greetings from the warmer part of the country! While millions of Americans struggle with one of the worst blizzards, my thoughts travel back twenty years ago to the blizzard of 1996 in New York City. It is where a certain future lawyer turned vaping advocate/regulatory expert hitchhiked her way to the delivery room late at night on January 12th to welcome a second baby boy, with her one-year-old in tow. That was then, and yes, those were cars under mountains of snow. Stay safe and warm!

As of January 22nd, nothing has happened on the FDA regulatory front on electronic cigarettes and other vaping products. Not to say that nothing important happened to advance our cause.

snow-covered cars

Snow-covered cars from the North American blizzard of 1996

On January 11th, Congress passed the Child Nicotine Poisoning Prevention Act of 2015, which was then sent to the President of the United States for signature and will likely become law soon.

The bill requires any nicotine that is offered for sale in liquid nicotine containers to be packaged in accordance with the Consumer Product Safety Commission’s standards and to pass testing in accordance with the method described here.

A liquid nicotine container is defined as “a package … (i) from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer; and (ii) that is used to hold soluble nicotine in any concentration, but it does not include a sealed, pre-filled, and disposable container of nicotine in a solution or other form in which such container is inserted directly into an electronic cigarette, electronic nicotine delivery system, or other similar product, if the nicotine in the container is inaccessible through customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion or other contact by children.” In layman terms, cig-a-likes and sealed refillable cartridges do not need to meet the child-safe packaging requirement.

When enacted, the Child Nicotine Poisoning Prevention Act will not pre-empt FDA’s authority over vaping products’ or other nicotine-containing products’ packaging. The act mandates that the FDA consult with the Consumer Product Safety Commission if the FDA “adopts, maintains, enforces, or imposes or continues in effect any packaging requirement for liquid nicotine containers, including a child-resistant packaging requirement … taking into consideration the expertise of the Commission in implementing and enforcing this Act and the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471 et seq.).”

Here, at Nicopure Labs, we implemented child-safe packaging well ahead of many others in the industry. This legislative development demonstrates that good planning and responsible manufacturing bring an important competitive advantage.

The Vapor Technology Association (VTA), which Nicopure Labs joined as a founding member, is also very active in support of responsible manufacturing practices, and we can count on VTA’s legislative team to keep the dialogue open as we will meet this coming week in DC—weather permitting—to advance our industry’s outreach.

Let’s hope the clouds have mercy on us. Stay out of the storm and open your homes to those who don’t have one in this bitter cold.

—Patricia Kovacevic

The opinions and other information contained in these blog posts and comments do not necessarily reflect the opinions or positions of Nicopure Labs LLC, owner of the Halo and HaloCigs marks.

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About author

Patricia Kovacevic 10 posts

Patricia I. Kovacevic, Esq. is the general counsel and chief compliance officer of Nicopure Labs LLC, the leading E-liquid and vaping device manufacturer of American-made Halo and eVo E-liquids and Reactor, Tracer, Triton and G6 devices. With extensive U.S. and international industry experience, Ms. Kovacevic held senior legal and compliance positions at, among others, Philip Morris International and Lorillard. Her expertise includes global E-cigarette and tobacco regulation and compliance. Ms. Kovacevic serves on the advisory board of the Global Tobacco and Nicotine Forum. In the past, she served on the UN’s Public-Private Partnership Commission. Ms. Kovacevic is admitted to practice in New York. She holds a Juris Doctor degree from Columbia Law School (NY) and has completed the Harvard Business School “Corporate Leader” course. She is fluent in seven European languages.

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