SS February 2016

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44 SMOKESHOP February 2016 T he coming year promises to be an eventful one in the area of vapor products regulation. The so-called "deeming regulations," under which the Food & Drug Administration (FDA) will assert regulatory authority over vapor products, are expected to become law during the first half of 2016. A number of states are already considering measures that would further regulate vapor prod- ucts, including through licensure, taxa- tion, and youth access requirements. On January 28, 2016, President Obama kicked off the year in regulation when he signed into law the Child Nico- tine Poisoning Prevention Act (CNPPA) The law, which goes into effect 180 days from signing on July 26, 2016, requires liquid nicotine containers to meet federal standards for child-resistant packaging. WHERE THE PACKAGING STANDARDS DO AND DON'T APPLY Significantly, the law exempts from its coverage any "sealed, pre-filled, and dis- posable container of nicotine" so long as the "nicotine in the container is accessible through customary or reasonably foresee- able handling or use." Thus, the law gen- erally would not apply to so-called "closed systems," including cartridge-based or "ci- galikes" where the consumer cannot access the e-liquid, and generally would apply only to open systems in which the consum- er must pour e-liquid into the product's cartomizer. The law is also inapplicable to any e-liquid that does not contain nicotine. However, unlike forthcoming FDA regulations, the law applies to any form of nicotine sold in the United States in which the nicotine is accessible through normal and foreseeable use by the con- sumer, regardless of whether the nicotine is naturally or synthetically derived. This differs from the FDA's authority over va- por products, which is generally limited to nicotine that is derived from tobacco. PACKAGING REQUIREMENTS The law requires e-liquids to be pack- aged in accordance with child-resistance regulations developed by the Consumer Product Safety Commission (CPSC) for certain consumer products such as drugs and other potentially hazardous prod- ucts. Under those regulations, "child-re- sistant packaging" must be significantly d,ifficult for a child under five years of age to open, but it must not be difficult for normal adults to use properly. Often this is accomplished through the use of a special cap. Child-resistant packaging is tested by giving children between the ages of 3-1/2 and 4-1/4 years five minutes to open an empty package. If unsuccessful, they are given an additional five minutes after a REGULATION FOCUS > Child Safety Standards Come to E-Liquids The new year in vapor product regulation kicks off with child safety standards for e-liquids crafted by Congress—not the FDA. >BY BRYAN HAYNES > Industry groups like the Smoke-Free Alternatives Trade Association (SFATA) have encouraged their members to voluntarily adopt child-safe packaging, while others like the American E-Liquid Manufacturing Standards Association (AEMSA) require it of members. At the urging of numerous stakeholders, Congress took action last year, a move supported by the industry as a "common sense" step. Left: Halo and eVo eliquid maker Nicopure already has child-safe packaging. > The law generally would not apply to so-called "closed systems" including cartridge-based or "cigalikes" where the consumer cannot access the e-liquid.

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