Warning label help?

submitted over 10 years ago by Irish_JewOne of "The Damned"

I have been mixing for about a year and I have some recipes that I'm working on and I send out samples for people to test. Some of them have asked me about selling it because the local B&M's only sell the cheap gas station juice for a ridiculous $20 a 10 ml. So I'm weary to sell it because I would want a warning label to cover my ass so to speak. I will talk to a lawyer about what they feel is necessary to make it clear that I'm not responsible for you using the liquid for in a way it's not intended. Also making sure that it's away from kids and pets and you understand the risk of using the liquid in your device.

I would just like to get a basis so that when I do go to a lawyer I have some of the work done so that they have an idea of what is needed.

Comments

4 points

by tet5uoover 10 years ago

Here's what our Canadian ECTA group recommends for e-liquid labels.

http://www.ectaofcanada.com/pagedisp.php?section=label

1 points

by Irish_Jewover 10 years agoOne of "The Damned"

Thank you!

2 points

by KeggsNAover 10 years agoProud Sidebar Reader!

This is my label that I created for my own juices. I obviously replaced my logo with the square for privacy reasons (my juice hasn't gone public yet) but you can see how I have things set up as well as what warnings I have on the label.

1 points

by IDaCookieMonstaover 10 years ago

I don't think you should put the 18 like that since it's saying you can't use it at 18. Although the legal smoking age is 18.

2 points

by KeggsNAover 10 years agoProud Sidebar Reader!

I based my label off of 5 different "premium" companies and took bits and pieces of each. That symbol was on 3 out of 5 different companies. So while I totally understand where you're coming from - it is pretty normal to see this for "no under 18"

I'll do some more research and asking around though, like I said - my juice line isn't public just yet so things can still be changed.

2 points

by mentiveover 10 years ago

To be honest, because of its placement, it looks more like you refuse to make anything at 18mg. LOL

1 points

by shrine399over 10 years agoMixologist

Not sure where you live, but California has a Proposition 65 warning that must be included on the label. It's basically a nicotine warning. A lot of juice companies are being sued for lack of this warning.

1 points

by KeggsNAover 10 years agoProud Sidebar Reader!

Interesting point, here is more clarification for those too lazy to google.

1 points

by shrine399over 10 years agoMixologist

It's basically found on everything. Coffee beans, for example. It's the most widely required warning label in California. Look at your mattress tags... I can almost guarantee it's there.

1 points

by mentiveover 10 years ago

My tap water should probably include that label... ;D

1 points

by mentiveover 10 years ago

But how IS the liquid intended to be used? To be vaped? There can always be an allergic reaction to something in your juice, or who knows. I don't think a label is going to protect you much if something happens, that's when it comes down to insurance etc.

1 points

by Irish_Jewover 10 years agoOne of "The Damned"

It's more for if someone dripped the liquid in their eyes on purpose. It's harder to make a case if you didn't follow the "for electronic cigarette use and consumption only" that's clearly on the bottle.

1 points

by Vapespinover 10 years ago

If this hasn't been covered you really should get an insurance policy, that is what will really cover your ass.

1 points

by Charron21over 10 years ago

If you start selling juice GET INCORPORATED! It will take the liability off you so if you are sued then the liability falls onto the corporation and not yourself. It may cost a bit of money but worth it in the long run.

1 points

by fizzmustardover 10 years agoBest Recipe of 2014

First, you absolutely must create an LLC. This isn't just relevant to e-liquid; you shouldn't be in business of any kind without one. LegalZoom can help get you on track there.

You also need product liability insurance. Calco is one of the most common insurers and has been writing policies for our industry for quite a while. Their standard policy covers $1M per claim. Your premium will be expensive.

For your actual question, it's really up in the air. Until the FDA provides labeling standards it's on us to do our best in good faith. Here's what's on my labels for my retail line:

> WARNING | This product contains nicotine, a chemical known to the state of California to cause birth defects and other reproductive harm. Contents may be fatal if swallowed. Do not ingest orally. Keep away from children and pets. Underage sale prohibited. Use at your own risk. CONTAINS | glycerine, propylene glycol, nicotine & flavors.

Please don't construe this as legal advice; I'm a dude on a forum.

I'm happy to help if you have more questions.