CPSC Overreach? The FDA’s Newest Allie In Vape War.

It’s seeming that around every corner we are hearing and seeing new potentially devastating regulations for the vaping industry. 

In a newer spotlight, comes from the Consumer Product Safety Commission (CPSC), claiming that up to 100% of all juice currently on the shelves of your local vape shop as well as distributors shelves is subject to immediate removal and destruction due to flow restrictions. 

In 2015 a rule was applied that prevents “toxic liquids” from exceeding 2ml of flow when a bottle or package is restricted that not more than 2 milliliters of the contents can be obtained when the inverted, opened container is taken or squeezed once or when the container is otherwise activated once. The CPSC as issued out guidelines for this “test” that they have already started to enforce in various locations. Obviously, glass bottles will 100% fail this test. Plastic bottles, on the other hand, have a chance due to the tip generally providing some sort of restricted flow but none will probably comply with the amount of pressure and the duration of that pressure on an inverted plastic bottle. 5.6lbs of pressure is what will be used and if that bottle allows more then 2ml of liquid out after being “mechanically squeezed” for 5 seconds, you guessed it, you fail. 

The CPSC has already demanded that products at local shops be destroyed on the spot after failing this test.

Why are they doing this? 

They claim its to reduce the child poisoning potential but the aggressive nature of not only the test procedure but as well as no real warning of this law applying to vape juice, combined with the lack of time being given to comply, paints a clearly different intent. 

Liquid nicotine exposure data from the National Poison Data System for January
2012 through April 2017.

There were 8269 liquid nicotine exposures among children <6 years old reported
to US poison control centers during the study period. Most (92.5%) children were exposed
through ingestion and 83.9% were children <3 years old. Among children exposed to
liquid nicotine, 35.1% were treated and released from a health care facility, and 1.4% were
admitted. The annual exposure rate per 100000 children increased by 1398.2% from 0.7
in 2012 to 10.4 in 2015, and subsequently decreased by 19.8% from 2015 to 8.3 in 2016.
Among states without a preexisting law requiring child-resistant packaging for liquid
nicotine containers, there was a significant decrease in the mean number of exposures
during the 9 months before compared with the 9 months after the federal child-resistant
packaging law went into effect, averaging 4.4 (95% confidence interval: −7.1 to −1.7) fewer
exposures per state after implementation of the law.

Decreased to only 8.3% in 2016. No significant studies on the matter have been conducted since, but it’s safe to assume that 8.3% as lowered even more in the last 3 years. 

Fun Fact

Bleach is responsible for over 35% of child poisoning cases and other cleaning chemicals, in general, have been responsible for the majority of all child poisoning reports for decades. 














What is being done to those other industries that have at minimum, 3 times more child-related poisoning reports? Well, nothing of course. Other than the standard requirement of child safety packaging/caps, the same as the vape industry had to follow in 2016. 

Somehow vape juice is the only industry being targeted to make a change that could not only cost tens or hundreds of thousands of dollars but also make them subject to the deeming FDA regulations that altering your products other than the label, will result in a “new PMTA process” estimated to already cost up to and over 1 million dollars. To comply with one regulation, you will violate another!

I spoke with Sheila Millar, Attorney with Keller & Heckman LLP, in regards to the letter the firm sent to CPSC Acting Chair and Commissioners. 

She wanted to stress the importance of big regulatory agencies actually working together rather than apart to avoid creating situations like this where one agencies regulations cause a product to no longer comply with other agencies regulations. 

She also wanted to make it very clear that the CPSC does not have the authority to make anyone destroy or remove products from any shelf. 

This is an attempt to strengthen the “mythological war” on vaping.

Somewhere in a nice air-conditioned office, sits a Democrat will the sole purpose to look for any potential way, no matter how far outside the box it is, for anything they can use to further push the democratically driven war on vaping to new depths of sadness and ignorance. This is a prime example of that attempt. 

If the vaping community consisted of a group of lesbians or trans people, or other small (in comparison) social justice warrior groups crying about how words hurt and legalize “hate speech” were to demand to leave vaping alone I have no doubts our industry would not be in this situation. Today’s government seems to operate and pass laws/regulations that appeal to small “social groups” or extreme minority cases of illogical opinions.

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Tim Court
Editor -In- Chief, The Vape Wire. Have something you think we should know? Contact me now @

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