President Signs Bill Requiring Childproof Packaging for E-Cigarettes

President Obama has signed into law the Child Nicotine Poisoning Prevention Act which requires child-resistant containers for liquid nicotine e-cigarette cartridges.

MACo supported a bill introduced in Maryland (SB 204) that would have achieved much of the same goals. The federal victory made the need for a state bill unnecessary.

An article in The Consumerist shares a hypothesis as to the regulation authority under the new law and the requirements for “child-resistant” packaging:

In the National Law Review, three attorneys with expertise in consumer protection and e-cigarette industry regulations speculate that the job of regulating these containers–but not the liquid that goes inside them–would fall to the Consumer Products Safety Commission.

Yes, there are always exceptions to the idea that a package is “child-resistant.” The CPSC’s test protocols state that a package has to keep 80% of children tested stumped for five minutes.

An article in USA Today reports on the recent increase in child nicotine poisonings that has been associated with the rise in e-cigarette use, and the industry’s response to the new law:

The number of child poisonings has climbed dramatically as the popularity of e-cigarettes has grown, climbing from 271 cases in 2011 to 3,783 in 2014, according to the American Association of Poison Control Centers. More than half of poisoning cases have occurred in children under age 6.

The Smoke-Free Alternatives Trade Association, which represents e-cigarette companies, has supported legislation to create a standard requirement for child-proof caps. Many e-cigarette makers already use child-resistant packaging. “We believe vapor products should be accessible only to adults and support the reasonable regulation of e-liquid packaging consistent with current regulation of other products not intended for ingestion,” said Cynthia Cabrera, executive director of the trade association, in a statement released after the bill passed the Senate in December.

For more information read the full article in The Consumerist and USA Today

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