Nicotine Warning Label Law Takes Effect August 10

Vape juice contains nicotine, typically. Most of us are well aware, since we mostly use vapes to quit or augment a cigarette habit. Research continues to suggest vaping is less harmful than smoking combustible cigarettes, so we vape. We also get the benefit in vaping various flavored liquids, since the flavor of tobacco is disgusting. To top it all off, vapers can buy e-juice in a number of different nicotine concentrations.

The vape industry affords its users a micro-managerial level of control over our products and devices. Despite that, the FDA is in the midst of rolling out a series of mandates (a deeming rule) which will fundamentally change the vape industry and its market by 2022. That year is a long way off still, true, but a number of requirements are already enforced.

On August 10th, the newest FDA deeming measure goes into effect. Vape products and advertisements will be required to carry a warning label. FDA size and format requirements are to be followed. Manufacturers and retailers will have until September 10, 2018 to comply in full.

Product and ad warning labels will read: “WARNING: This product contains nicotine. Nicotine is an addictive chemical.” One caveat for products that contain no nicotine (including 0mg e-juices) is how their label reads: “This product is made from tobacco.” E-juice without nicotine contains zero tobacco, but will still be required to carry the alternative label. Seriously.

In addition to the warning text, all labels must also contain the following:

  • Name and place of business
  • Quantity of the contents
  • % domestic and foreign-grown tobacco
  • The statement: “Sale only allowed in the United States” on tobacco product labels, packaging, and shipping containers

More changes are coming between now and 2022 for the vape industry. Any company looking to put a product on the market, since August 2016, is required to submit a PMTA (premarket tobacco application) for FDA approval. Companies selling products prior to August 2016 have until the August 2022 cutoff to submit their materials for approval.

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