President Obama on Jan. 28 signed into law the Child Nicotine Poisoning Prevention Act of 2015, which requires the packaging of liquid nicotine containers for use in electronic cigarettes to be subject to existing child poisoning prevention packaging standards. The legislation requires that all liquid-nicotine containers have packaging that makes it difficult for children under five years old to open.
Liquid nicotine currently is sold in concentrated form for use in e-cigarettes. It often is packaged in easy-to-open, flavored vials. The new law requires manufacturers to put childproof caps on the small bottles of liquid nicotine, which is potent enough to kill a small child.
The law takes effect 180 days from the date on which it was signed by the President.
Under the law, liquid nicotine container is defined as a package from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer and is used to hold soluble nicotine in any concentration. It excludes “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.”
The new law does not pre-empt the U.S. Food and Drug Administration’s (FDA) authority to regulate e-ciagrettes, and the FDA could still impose its own packaging requirements.
NATSO's E-Cigarettes/Vaping Summary And Compliance Guide For Truckstops and Travel Plazas can be accessed here.
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