§1472a Special Packaging for Liquid Nicotine Containers

Summary

Stores, makers, sellers, distributors, and importers must package any liquid nicotine product to meet the Consumer Product Safety Commission rules at 16 C.F.R. 1700.15 and must test packaging the way 16 C.F.R. 1700.20 describes, including any later changes the Commission makes. That packaging rule is treated as a special household-substance packaging standard under the Poison Prevention Packaging Act (section 3(a), 15 U.S.C. 1472(a)). The Secretary of Health and Human Services (FDA) still keeps its powers under the Federal Food, Drug, and Cosmetic Act and the Family Smoking Prevention and Tobacco Control Act, including rules from April 2014 and June 2015 about tobacco and nicotine products; the FDA must talk with the Commission if it makes or enforces packaging rules. Definitions: Commission = Consumer Product Safety Commission. Liquid nicotine container = a package that holds soluble nicotine and from which nicotine can be reached in normal or foreseeable use. Exclusion = sealed, prefilled disposable pods that are inserted into devices and do not let nicotine be accessed by normal handling or child contact. Nicotine = any chemical form of nicotine, including salts or complexes, natural or synthetic.