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Am J Public Health. 2016 Feb;106(2):266-8. doi: 10.2105/AJPH.2015.302957. Epub 2015 Dec 21.

Child-Resistant Packaging for E-Liquid: A Review of US State Legislation.

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Leslie T. Frey and William C. Tilburg are with the Legal Resource Center for Public Health Policy, Francis King Carey School of Law, University of Maryland, Baltimore.


A growing number of states have introduced or enacted legislation requiring child-resistant packaging for e-liquid containers; however, these laws involve varying terms, packaging standards, and enforcement provisions, raising concerns about their effectiveness. We evaluated bills against 4 benchmarks: broad product definitions that contemplate future developments in the market, citations to a specific packaging standard, stated penalties for violations, and express grants of authority to a state entity to enforce the packaging requirements. Our findings showed that 3 states meet all 4 benchmarks in their enacted legislation. We encourage states to consider these benchmarks when revising statutes or drafting future legislation.

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