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Child Nicotine Poisoning Prevention Act of 2015

Child Nicotine Poisoning Prevention Act of 2015

On July 26, 2016, the Child Nicotine Poisoning Prevention Act (Act) became effective and requires manufacturers of nicotine-containing e-liquids to comply with the child-resistant packaging and testing requirements set forth in the Poison Packaging Prevention Act of 1970 (PPPA).

Child Nicotine Poisoning Prevention Act

Child Nicotine Poisoning Prevention Act

Specifically, the law applies to “liquid nicotine containers,” defined to include “package[s] from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer and that is used to hold soluble nicotine in any concentration.” Bottles of nicotine-containing e-liquid sold directly to consumers for use in refillable “open-system” vaping devices are covered.

The Act does not apply to all e-cigarette related substances, and it the excludes e-cigarette materials that are not considered dangerous, such as e-liquids with that do not contain nicotine or prefilled containers of liquid nicotine that are sealed and inaccessible by children.

However, compliance with PPPA performance regulations is not enough. Under the

Consumer Product Safety Act (CPSA), manufacturers of any product regulated under any consumer product safety rule are required to certify that the finished product (i.e., the filled and sealed e-liquid bottle sold to consumers) meets all of the applicable requirements. (CPSA § 14(a)(1), Pub. L. 92-573, 86 Stat. 1,207 (1972).) The Act’s requirements for “liquid nicotine containers” are treated as a consumer product safety rule under the CPSA.  (See Act § 2(c); CPSA § 14(a)(1).)

Thus, businesses have to certify in a separate document that the special packing has been tested and complies with the regulations – the General Certificate of Conformity (GCC).

E-liquid manufacturers and importers should work with reputable bottle suppliers who can provide test data and/or certificates confirming that their products are compliant. These supplier test results and certificates are necessary, but it is still up to the manufacturer of the finished e-liquid product to create a GCC.

Further, the GCC must be “furnished” to each e-liquid distributor and retailer. This requirement can be accomplished either by sending a paper copy of the GCC with each product shipment, or by providing distributors and retailers a unique electronic certificate identifier which allows them (as well as the Consumer Product Safety Commission (CPSC)) to access the GCC over the internet.  (See 16 C.F.R. 1110.13.) These certificates must be tied to the products covered by the tests and no others.



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