Last week, Maryland Attorney General Douglas Gansler wrote to ten e-cigarette companies raising issues regarding potential nicotine poisoning and purported marketing to minors.

His letter asked the companies to identify their efforts to address nicotine poisoning and to prevent underage sales.  He encouraged the companies to do the following:

  1. Place warnings regarding the dangers of touching or ingesting nicotine.  He stated that failure to do so could consitute an unfair or deceptive trade practice.
  2. Refrain from marketing to children, including “not offering and selling flavors of liquid nicotine that appeal to children.”  He similarly opined that doing so could constitute an unfair or deceptive trade practice.
  3. Use designs that prevent inadvertent exposure to liquid nicotine.

The Attorney General also asked whether the companies offered childproof packaging.

As e-cigarettes gain popularity, additional scrutiny from federal and state regulators is sure to follow.

For questions and/or comments, please contact Bryan Haynes, at 804.697.1420 or by email.