N.Y. AG Announces Liquid Nicotine Packaging Settlements

Vaping companies will remove products, replace with child-resistant bottles

New York Attorney General Eric Schneiderman

Eric Schneiderman

NEW YORK -- Attorney General Eric Schneiderman this week announced agreements with four liquid nicotine companies whose products were being sold in New York in violation of a law requiring that this form of nicotine be sold in child-resistant packaging.

Liquid nicotine is comprised of nicotine extracted from tobacco. It is used in electronic cigarettes, together with other chemical additives, to create a vapor inhaled by the user. Depending on the concentration of nicotine in the finished product, liquid nicotine can be highly toxic, the AG’s office said.

Two of the settlement agreements are with retailers Henley Vaporium and Beyond Vape, companies with retail outlets in New York City; the two other companies sell their product to New Yorkers online or through local retailers.

As a result of the agreements, the companies will be required to remove from all their distributors and retail purchasers any liquid nicotine sold in packaging that does not meet child-resistant standards. They will also be barred in the future from selling any container not in child-resistant packaging.

The retail stores must also 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 AG’s office.

The training will also include that there are penalties for noncompliance. Total penalties due from the companies under the settlements are $95,000.

The agreements also require the companies to provide proof of testing of containers to demonstrate adherence to poison prevention packaging, to allow exchange of any bottles sold without appropriate protections and to pay penalties to the state of New York.

"New York law is clear: liquid nicotine is highly toxic and must be sold in child-resistant packaging. Today, we are taking action against four companies, and putting others on notice: Stop selling liquid nicotine in anything but child-resistant containers, or we will come after you,” Schneiderman said. “As our investigation continues, I urge the federal government to do their part by requiring child-resistant packaging for these products nationwide, and to regulate the marketing and advertising of e-cigarettes.”

Signatories of the agreements being announced today are retailers that sell liquid nicotine online and in New York City stores: Henley Vaporium, Manhattan; Beyond Vape, a California-based seller with three stores in New York City; Rocket Sheep, an e-liquid manufacturer; and ECig Distributors Inc., a corporation that also does business as eCigDistributors.com, ejuices.com and eliquid.com, which sells bottles of liquid nicotine to New Yorkers.

Last year, Attorney General Schneiderman led an effort by 29 state Attorneys General urging the U.S Food and Drug Administration to issue regulations regarding e-cigarettes, such as prohibiting marketing, advertising and sales to minors, a ban on flavored e-Cigarettes and requiring child-resistant packaging.