New Dawn of Vaping Regulations as Sun Rises on California Pier

In just a few days on August 10th, new regulations enacted by the FDA will begin to take effect. It’ll be mandatory to place a bold, black and white warning on every nicotine containing e-liquid and closed pod system. Additionally, advertisements must warn customers that nicotine is present in products and that it’s an addictive substance.

The exact warning must read, “WARNING: This product contains nicotine. Nicotine is an addictive chemical.” So if you haven’t already started to see new packaging for most companies on store shelves you’ll quickly start to see much more. There is a one month grace period to sell products already on the market but after September 10, 2018, you shouldn’t see any products on the market without the proper labeling.

FDA Commissioner, Scott Gottlieb, recently tweeted, “#FDA remains committed to warning public about nicotine in tobacco products. It’s imperative that people are adequately informed of the presence of nicotine in these products & understand the risks – esp. kids, who research shows are misinformed.”

The law specifically states the following items must be followed in applying the warning statements to packages:

  • Be located in a conspicuous and prominent place on the two "principal display panels" of the package;
  • Comprise at least 30 percent of each of the principal display panels;
  • Be printed in at least 12-point font size and must occupy the greatest possible proportion of the warning label area set aside for the required text;
  • Be printed in conspicuous and legible Helvetica bold or Arial bold type or other similar sans serif fonts and in black text on a white background or white text on a black background in a manner that contrasts by typography, layout, or color, with all other printed material on the package;
  • Be capitalized and punctuated; and
  • Be centered in the warning area in which the text is required to be printed and positioned such that the text of the required warning statement and the other information on the principal display panels have the same orientation.

In addition to the warning label that must occupy 30% of the packaging manufacturers also need to include the following information on the packaging in order to be compliant with these new regulations:

  • the name and place of business of the tobacco product manufacturer, packer, or distributor;
  • an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count;
  • an accurate statement of the percentage of the tobacco used in the product that is domestically grown tobacco and the percentage that is foreign grown tobacco.

As if these weren’t enough regulations for manufacturers to deal with the FDA is allowing manufacturers of zero nicotine e-liquid to use an alternative warning: “This product is made from tobacco.” Yes, if there is no nicotine, there is certainly no tobacco, but that’s the rule. Of course, to use the alternative warning, the manufacturer must submit “a confirmation statement certifying to be true and accurate that the product does not contain nicotine and that the tobacco product manufacturer has data to support that assertion.”

Although we at Cali Steam began to implement these labeling requirements some time ago the rest of the industry will be quickly conforming to these new rules within the United States.