Is This the End of the Vape Industry?

Since 2015 when the Child Nicotine Poison Prevention Act (CNPPA) was enacted, e-liquid has required to be sold in child-resistant containers. This law, passed under the Obama administration, was widely supported by the vape industry in general, and in fact, most e-liquid manufacturers were already selling vape juice in child-resistant packaging. Basically the law stated that liquid nicotine (aka vape juice or e-liquid) in containers “from which nicotine is accessible through normal and foreseeable use by a consumer” (i.e, vape juice bottles) were required to have child-resistant packaging as a result of the Poison Packaging Prevention Act (PPPA), and “be packaged in accordance with the Consumer Product Safety Commission’s (CPSC’s) standards and testing procedures for special packaging that is difficult for children under five years of age to open or to obtain harmful contents from.”

The CPSC has revised its packaging requirements a few times to make them more stringent since the law was passed in 2018, when it required secondary dispensing caps also be child-resistant.

But in February 2019, Peter Feldman, Commissioner of the CPSC quietly dropped a bombshell, via Twitter:

“I’m told that as much as 100% of liquid nicotine containers do not comply fully with the requirements of the Child Nicotine Poisoning Prevention Act, including the use of flow restrictors. That’s why today I requested @USCPSC issue and enforce an immediate stop sale order.”

Later that day, the CPSC issued a letter stating that the CSPC would be publishing guidance in March for vape juice manufacturers to test restricted flow bottles, which would likely need to be done through a third-party lab. The CSPC issued its guidance on March 8, 2019 without a grace period for the industry to comply, and enforcement was to commence immediately – giving the vape industry – from vape juice manufacturers to vape shops — no time to meet the new standards.

The CPSC informed the vaping industry that in addition to child-resistant closures, vape juice bottles must also have flow restrictors to limit the flow of e-liquid once opened.

What is the CSPC talking about? The flow restriction rule says, restricted flow refers to “special packaging from which the flow of liquid is so restricted that not more than 2 milliliters of the contents can be obtained when the inverted, opened container is taken or squeezed once.”

For those of you following along at home – e-liquid already comes with a child-resistant cap for shipping, and often a secondary child-resistant cap for dispensing, from which to pour the e-liquid into your mod. The new CPSC “restricted flow” bottle tip requirement which would dispense no more than 2 ml at a time would most likely make refilling your tank very, very, very, slow.

Rep Frank Pallone (D-NJ), who you may remember for supporting the part of Trump’s budget plan which would levy $100 million in “user fees” from vapers, then threw fuel on the fire by dramatically stating e-liquid bottles did not follow the “flow restriction” rule, which he demonstrated by holding up a bottle of vape juice and saying, “it can simply be dumped out in an amount that can easily kill a child.”



Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s