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This shit was behind a paywall so I hacked my way around it.
I'm posting the whole story here because no one should have to pay to read a fucking news article on the Internet - 5150
Companies violated law requiring childproof packaging for liquid nicotine
Violations of childproof packaging law cited
By Claire Hughes
Updated 4:47 pm, Tuesday, June 23, 2015
Albany
In the first act of enforcement of a six-month-old law, state Attorney General Eric Schneiderman has reached settlements with four companies selling liquid for electronic cigarettes in bottles that were not childproof.
A law requiring child-resistant packages for liquid nicotine was signed by Gov. Andrew Cuomo in December, following the death of an 18-month-old Montgomery County boy who accidentally swallowed the highly toxic fluid. Eli James "EJ" Hotaling was the first child in the country to die from accidental ingestion of the substance.
Under terms of the settlement, two companies with outlets in New York City and two others that sell liquid nicotine online or through local retailers will pay a combined penalty of $95,000, be required to remove all noncompliant products from distributors and retail outlets, train staff on the New York law, and provide the attorney general's office with proof that their packages have been tested.
New York and a handful of other states have passed laws demanding childproof packaging on liquid nicotine. The federal government does not regulate the products.
The state settlements are part of a broader investigation into companies' compliance with the new law, as the e-cigarette use is rising, especially among minors, Schneiderman's office said.
"New York law is clear: liquid nicotine is highly toxic and must be sold in child-resistant packaging," Schneiderman said.
E-cigarette use among middle and high school students tripled from 2013 to 2014, according to a survey by the U.S. Centers for Disease Control and Prevention. The American Association of Poison Control Centers reports a recent uptick in calls resulting from exposure to e-cigarettes and liquid nicotine. There were nearly 3,800 such calls last year, up from about 1,500 the year before.
The chief executive of one of the penalized retailers took issue with the attorney general's investigative tactics. Peter Denholtz, founder of the Henley Vaporium in Manhattan, said he was not aware of the new law, which went into effect in December, until March. By that time, investigators had already been in his shop purchasing bottles that didn't comply with the new rules.
Denholtz asked why Schneiderman's staff didn't put him on notice first.
"We would have been happy to comply and done more," Denholtz said. "Instead, I felt it was underhanded, it was a way to make a name for themselves, and a way to say, 'Aha, this is what goes on.' The connotations are so wrong, that's not what we're about."
Denholtz said he agrees the bottles of what he called "e-liquid" — because it does not always contain nicotine — should be child-resistant. Henley Vaporium is a cafe and lounge where adults can try various e-cigarette — or vaping — products, or buy some to bring home.
Denholtz said he signed off on the agreements because his operation is too small to fight the attorney general.
Other manufacturers hit with penalties under the state settlement are Rocket Sheep and ECig Distributors Inc., which sell products online or through local stores, and Beyond Vape, another New York City retailer. Rocket Sheep could not be reached. The others did not return calls for comment.
Beyond Vape had a notice on its website Monday that it would provide a refund or replacement of any product without childproof packaging bought by a New York customer since Dec. 29, the day Gov. Cuomo signed the law.
Told of the settlement, Judy Rightmyer of the Capital District Tobacco-Free Coalition was less impressed with the enforcement of the law than concerned over the thought that companies were disregarding it, especially in light of increased e-cigarette use. The liquid used to fill the e-cigarettes is often marketed in sweet, fruity flavors.
"What if a bottle that doesn't have a childproof top is sitting on a counter and this bubble-gum flavored "juice" is sitting there?" Rightmyer said. "A quarter teaspoon can kill a child. A teaspoon can kill an adult."
[email protected] • 518-454-5417 • @hughesclaire
""What if a bottle that doesn't have a childproof top is sitting on a counter and this bubble-gum flavored "juice" is sitting there?" Rightmyer said. "A quarter teaspoon can kill a child. A teaspoon can kill an adult."
I'm going to have to call bullshit on this.
I am not a child so I do not know how much will kill one.
The boy that died was chugging a bottle of 100mg/ml nicotine base used for mixing that HAD NO CAP ON IT! The police literally never found the cap. The "parents" and I use that term lightly said there was a fucking cork on there but the cap that was on their before the cork wasn't childproof.
I'm posting the whole story here because no one should have to pay to read a fucking news article on the Internet - 5150
Companies violated law requiring childproof packaging for liquid nicotine
Violations of childproof packaging law cited
By Claire Hughes
Updated 4:47 pm, Tuesday, June 23, 2015
Albany
In the first act of enforcement of a six-month-old law, state Attorney General Eric Schneiderman has reached settlements with four companies selling liquid for electronic cigarettes in bottles that were not childproof.
A law requiring child-resistant packages for liquid nicotine was signed by Gov. Andrew Cuomo in December, following the death of an 18-month-old Montgomery County boy who accidentally swallowed the highly toxic fluid. Eli James "EJ" Hotaling was the first child in the country to die from accidental ingestion of the substance.
Under terms of the settlement, two companies with outlets in New York City and two others that sell liquid nicotine online or through local retailers will pay a combined penalty of $95,000, be required to remove all noncompliant products from distributors and retail outlets, train staff on the New York law, and provide the attorney general's office with proof that their packages have been tested.
New York and a handful of other states have passed laws demanding childproof packaging on liquid nicotine. The federal government does not regulate the products.
The state settlements are part of a broader investigation into companies' compliance with the new law, as the e-cigarette use is rising, especially among minors, Schneiderman's office said.
"New York law is clear: liquid nicotine is highly toxic and must be sold in child-resistant packaging," Schneiderman said.
E-cigarette use among middle and high school students tripled from 2013 to 2014, according to a survey by the U.S. Centers for Disease Control and Prevention. The American Association of Poison Control Centers reports a recent uptick in calls resulting from exposure to e-cigarettes and liquid nicotine. There were nearly 3,800 such calls last year, up from about 1,500 the year before.
The chief executive of one of the penalized retailers took issue with the attorney general's investigative tactics. Peter Denholtz, founder of the Henley Vaporium in Manhattan, said he was not aware of the new law, which went into effect in December, until March. By that time, investigators had already been in his shop purchasing bottles that didn't comply with the new rules.
Denholtz asked why Schneiderman's staff didn't put him on notice first.
"We would have been happy to comply and done more," Denholtz said. "Instead, I felt it was underhanded, it was a way to make a name for themselves, and a way to say, 'Aha, this is what goes on.' The connotations are so wrong, that's not what we're about."
Denholtz said he agrees the bottles of what he called "e-liquid" — because it does not always contain nicotine — should be child-resistant. Henley Vaporium is a cafe and lounge where adults can try various e-cigarette — or vaping — products, or buy some to bring home.
Denholtz said he signed off on the agreements because his operation is too small to fight the attorney general.
Other manufacturers hit with penalties under the state settlement are Rocket Sheep and ECig Distributors Inc., which sell products online or through local stores, and Beyond Vape, another New York City retailer. Rocket Sheep could not be reached. The others did not return calls for comment.
Beyond Vape had a notice on its website Monday that it would provide a refund or replacement of any product without childproof packaging bought by a New York customer since Dec. 29, the day Gov. Cuomo signed the law.
Told of the settlement, Judy Rightmyer of the Capital District Tobacco-Free Coalition was less impressed with the enforcement of the law than concerned over the thought that companies were disregarding it, especially in light of increased e-cigarette use. The liquid used to fill the e-cigarettes is often marketed in sweet, fruity flavors.
"What if a bottle that doesn't have a childproof top is sitting on a counter and this bubble-gum flavored "juice" is sitting there?" Rightmyer said. "A quarter teaspoon can kill a child. A teaspoon can kill an adult."
[email protected] • 518-454-5417 • @hughesclaire
""What if a bottle that doesn't have a childproof top is sitting on a counter and this bubble-gum flavored "juice" is sitting there?" Rightmyer said. "A quarter teaspoon can kill a child. A teaspoon can kill an adult."
I'm going to have to call bullshit on this.
I am not a child so I do not know how much will kill one.
The boy that died was chugging a bottle of 100mg/ml nicotine base used for mixing that HAD NO CAP ON IT! The police literally never found the cap. The "parents" and I use that term lightly said there was a fucking cork on there but the cap that was on their before the cork wasn't childproof.
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