Vape Juice Guru – E-Juice Regulations Are Only Meant To Close Down Small Businesses
From the beginning, there have been lies spoken about the “epidemic of teen vaping”. At Vape Juice Guru, we are prepared for. Interest holders of Big Tobacco and Big Pharma have had their aim on the vaping industry. The vaping industry started out as a community of small businesses. They had no means to protect themselves from the heavy hand of the Government Money Machine. Another federal agency threatens to shut down vape shops and e-liquid manufacturers. — and it may be happening soon.
The Consumer Product Safety Commission (CPSC) has been amending guidelines for e-liquid containers. They did this secretly behind the backs of advocates. These restrictions could cause the destruction of millions of bottles of the best e-juice on the shelves of the best vape shops and the warehouses of the best online vape stores.
It’s The Job Of Vape Company To Parent The Children
The new regulation places restrictions on flow from the bottle. When held upside down and squeezed for five seconds by a five-year-old child, e-liquid bottles must not dispense more than 2 ml of e-liquid. Obviously, glass bottles could not pass such a test. The e-liquid would flow out freely. Vape Juice Guru will be searching for solutions to this issue immediately. Our e-juice bottles only need to be structured a bit differently.
Recently appointed CPSC Commissioner Peter Feldman issued a warning via Twitter that non-compliant e-liquid would be subject to an immediate stop-sale order.
According to attorney Azim Chowdhury and two colleagues at regulatory law firm Keller Heckman, that tweet was the first indication that the CPSC might apply the restricted flow requirement to e-liquid containers.
On Feb 20th, the CPSC posted a letter explaining that the agency intended to issue guidance in March for restricted flow testing parameters.
The rule can be found in section 1700.15 of the Poison Prevention Packaging Act. Incredibly, there was no grace period given for manufacturers. Rather, enforcement began soon after on March 8.
Only In It For The Money
Soon after the testing protocol was established, Feldman introduced an amendment to the agency’s annual budget request. They requested additional funds to “support identification and removal of hazardous products that do not comply with the special packaging requirements” in the CPSC regulations. Imagine that, government agencies enacting restrictions to complicate the lives of the needy while requesting money for themselves.
Under the Obama administration, the Child Nicotine Poison Prevention Act, an amendment to the Poison Packaging Prevention Act that mandates e-liquid be sold in child-resistant containers was passed.
Most of the best vape shops and e-liquid manufacturers were already using child-resistant bottles when the law was signed by President Obama in early 2016. There was no objection to the new standards by industry trade groups. The law went into effect on July 25, 2016, and since then, millions of bottles of e-liquid have been sold. These bottles may now be defined as non-compliant with the restricted flow rule.
Out With The Old, In With The New (E-Juice Bottles
All bottles currently used will have to be tested for restricted flow. New General Certificates of Conformity (GCC) will have to be issued by manufacturers. It will be the responsibility of the retailers to keep these on file.. Until that happens, vape shops and online vendors may be in for a rough ride. According to the attorneys at Keller Heckman, CPSC Acting Chair Ann Marie Buerkle told a Congressional subcommittee that the agency has created an enforcement plan that will include inspections of vape shops and online retailers. (And in most cases include the destruction of personal rights.)
That House subcommittee is chaired by Rep. Frank Pallone, the same New Jersey Democrat that recently introduced HR 2339. If passed, the Pallone bill would destroy the independent vaping industry. It would ban flavors and online sales. It would also force manufacturers to pay $100 million in annual FDA user fees. (This is obviously written only to limit the prosperity of the little guy, and give exclusivity to Big Corps.)
Pallone, a longtime foe of vaping, specifically challenged Buerkle on the flow restriction rule, which he illustrated by holding up a bottle of e-liquid and noting that “it can simply be dumped out in an amount that can easily kill a child.” – (This right here is where it should be pointed out that parents should be parents. Bleach and a million other household chemicals don’t have restricted flow bottles. Instead, parents are expected to watch their kids.)
Inspectors Crossing Lines Of Personal Rights
Stories about CPSC inspections are already circulating among vendors. In at least one case, a vape shop owner says that a CPSC inspector demanded that non-compliant e-liquids be dumped on the spot. (I dare someone to walk onto my property and DEMAND that I pour out e-juice. It would be a bad day for that inspector.)
As bad as the flow restriction requirement is, the rule may create an even bigger challenge. The FDAs Deeming Rule prohibits manufacturers from changing the packaging of a product. (except labels). Any alteration to the packaging would make a product non-compliant. This would subject it to the required premarket tobacco application again before it can be legally sold.
The Best Vape Shop Online Wouldn’t Survive This
As every vape shop and e-liquid manufacturer knows by now, a PMTA could cost over $1 million, and there is no guarantee it will be accepted and approved by the FDA. That’s why not a single application has yet been submitted for any vaping product, nearly three years after the Deeming Rule was finalized.
The vaping product law experts at Keller Heckman think it’s “unlikely the Agency would discourage CPSC from enforcing its own laws and requiring manufacturers to implement flow restrictors.” But that’s not a guarantee.
E-liquid sellers could be caught in a terrible Catch-22: comply with one federal rule and be out of compliance with another. If both agencies enforce their rules, the entire independent industry could be flattened in months.