Re: [DIV28SUPER] peril of e-cigarettes

These are household products not regulated by FDA (yet); therefore childhood poisoning risks are controlled under this CPSC statute:

Poison Prevention Packaging Act

Enacted in 1970, the PPPA (available in PDF), requires a number of household substances to be packaged in child-resistant packaging. The packaging required by the PPPA must be designed or constructed to be significantly difficult for children under five years of age to open within a reasonable time, and not difficult for normal adults to use properly. For the sake of the elderly and handicapped who might have difficulty opening such containers, the Act provides that a regulated product available for purchase on store shelves may be packaged in one non-complying size provided it carries a warning that it is not recommended for use in households with children, and provided that the product is also supplied in complying popular size packages. Regulated prescription drugs may be dispensed in non-child-resistant packaging upon the specific request of the prescribing doctor or the patient. The Environmental Protection Agency regulates economic poisons, such as pesticides. Since the regulation has been in effect, there have been remarkable declines in reported deaths from ingestions by children of toxic household products including medications.


Federal Hazardous Substances Act (FHSA)

The FHSA requires certain hazardous household products to have warning labels. It also gives CPSC the authority to regulate or ban a hazardous substance, and toys or other articles intended for use by children, under certain circumstances to protect the public.  Examples of products regulated under this law include electrically operated toys, cribs, rattles, pacifiers, bicycles, and children’s bunk beds. 


Consumer Product Safety Act (CPSA)

Enacted in 1972, CPSA is our umbrella statute. This law established the agency, defines CPSC’s basic authority and authorizes the agency to develop standards and bans. It also gives CPSC the authority to pursue recalls and to ban products under certain circumstances.



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