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NY Attorney General settles with e-liquid manufacturers violating NY state law that requires child-resistant packaging

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On June 23, 2015, New York Attorney General Eric T. Schneiderman settled with four e-liquid companies for failure to sell product in child-resistant packaging, as per New York state law that was co-sponsored by Assemblywoman Linda B. Rosenthal. Many e-liquids contain nicotine which is toxic to children, thus the law to require child-resistant packaging.

Two of the settlement agreements are with retailers Henley Vaporium and Beyond Vape, companies with retail outlets in New York City, including on St. Marks Place in Manhattan; while the two other companies sell their product to New Yorkers online or through local retailers. The settlement includes requiring the four companies to:

  • Remove non-child resistant containers from all distributors and retailers.
  • Pay fines totaling of $95,000.
  • Requires the retail stores to train their staff on the requirements of the New York legislation, in particular that bottles containing liquid nicotine be sold in child-resistant packaging, and that any knowledge of bottles being sold without proper packaging be reported to the Attorney General’s Office.
  • Provide proof of testing of containers to demonstrate adherence to poison prevention packaging.
  • Allow exchange of any bottles sold without appropriate protections, and to pay penalties to New York State.

Chuck Bell, Programs Director of Consumers Union, publisher of the monthly publication Consumer Reports shared, “We commend Attorney General Eric Schniederman and his staff for aggressively enforcing New York’s law mandating child-resistant packaging, and getting these highly dangerous, noncompliant products off the market. We agree that a strong national safety standard for these products is urgently needed.”

Read New York Attorney General Schneiderman’s June 23, 2015 press release.

Read the New York State law that requires child-resistant packaging (bill A09299D). New York state law also bans the sale of electronic smoking devices and tobacco to persons under age 18, with New York City banning the sale to persons under age 21.

On May 14, 2015, New Jersey Senators Richard Codey and Linda Greenstein introduced bill #S2877 that would ban on child-resistant e-liquid packaging, and it has been referred to the Senate Health and Senior Services Committee. NJ Assembly companion bill #A4908 was also introduced and referred to the Assembly Health Committee.