If you own or operate a vaping company, you are most likely aware of the vaping regulations that are being imposed by the US government on August 8th, 2018. This will be the day that the majority of your presentation of your e-liquids and products will have to change, as there are a slew of regulations that will take effect on that date that will seriously impact the way you currently show your products. While there are many aspects of these regulations that will impact your business, for the sake of this article we will concentrate on the effects on marketing. Advertising vape products has been a bumpy road that is difficult to keep up on, and companies that are attempting to stay within the regulations are forced to continually change their marketing materials in order to comply.According to the FDA, packaging and marketing materials for vape products will need to be within the specifications put forth by August 10, 2018. These changes will impact your in-store displays, your bottle labels and your presentations on your website as well as social media. These regulations are specific for the US government as well as having special extra considerations if you plan on selling in California. You are going to need to change all of your current labels and packaging, as well as your website and social media accounts. Businesses who continue to sell without compliant labels after August 10 will face unspecified punishment.
So lets get into what the specific rules are for vaping packaging, labels and online displays, and how they will effect you.
Probably the biggest change to your marketing and labeling is going to be the necessity of including the new “nicotine warnings.” These are large areas that will be prominently displayed on your materials that contain a warning about nicotine and it’s potential side effects. The warning must compromise a minimum of 30% of the visual space that is displayed on a bottle, advertisement or web display. Yes, you read that correctly, you are going to need to dedicate 30% of the front and side panels of your labels on your bottles to the nicotine warning. The nicotine warning will be required to be presented in a bold font (Arial or Helvetica) and be in a 12 point font size minimum. It also is not allowed to be smaller than the largest font that you use on your labels, so if you were using a larger font to display the flavor name or other information, then the font size of the nicotine warning must be larger than that font. When you actually put the warning onto your label it will need to be either black text on a white box or white text on a black box, and when you see how big that a 12 point font looks on your label, you are going to realize very quickly that the majority of your displays is now going to be showing ugly warning labels. It is quite difficult to display these warnings as well as the required information for the e juice itself, so you are going to have to deal with the fact that there is no way to really draw attention away from it. If you are selling into California, you are also going to have to put the California Proposition 65 warning into that label as well, which is not allowed to be any font size smaller than the largest font on the lable. This means that if you were using the 12 point font for the US warning, you will also need to use the 12 point font for the California warning. Unfortunately in many cases this required font size makes it nearly impossible on many label sizes to actually display the required word “California” and the website address that is required within the visual pane. This is a future requirement that may be changed as these issues are debated within the state, however at this point in time we must plan for the California warning if you plan on selling in California. This will make your labeling projects challenging.
These requirements will also need to be on shelf displays, advertisements and on your website and social media posts. That means that every Facebook and Instagram post that contains a viaual of any kind will need to be formatted to display 30% of it as a warning. Once again, this poses significant challenges to visual displays.
If you would like to have assistance on your labeling redesigns or templates for social media portrayals, as well as web design changes and other compliance issues, Focus Internet Services is able to help. We are familiar with the latest regulations and have assisted vape clients to bring their displays into compliance in preparation for the August deadline. Contact us directly at 702-997-1252 to discuss your project.