What Does a “Compliant” Label Even Look Like?

What Does a “Compliant” Label Even Look Like?

That is the $1,000,000 (and/or up to two years in jail) question that everyone seems to be asking. Then there are others that are saying “nobody even knows what it will look like” and that simply is not a true statement.

Here is what we know about labeling requirements under Bill S-5, soon to be the TVPA (upon Royal Assent):

The only thing that is not fully known is the exact verbiage required for warnings about Nicotine addiction, for which HC has provided insight. That exact wording will be written within the regulations.

That’s it…  Everything else is black and white.

Now there have been “arguments” about e-liquids containing less than 10 mg/mL falling outside of the scope of the CCCR, 2001. While that is true, legally (even as stated by HC), failing to apply CCCR, 2001 to any product containing nicotine could put your company at risk of selling a product that violates the CCPSA. Having these warnings may be excessive, an exaggeration of the risk or even a violation of that regulation, but it is highly unlikely that anyone will be fined or cited for OVER stating the risks (especially when it is being advised by HC).

There are also discussions being had with HC with regard to the lower limit for requiring CCCR, 2001 being raised from 0.1 mg/mL to 0.5 mg/mL.

All of that said, based on the facts, below are two examples of what a “compliant” label might look like for an ECTA member.  One that qualifies for the Exemption – small container under CCCR, 2001 (MDP < 35 cm2) and one that does not qualify for that exemption (MDP = 35 cm2 or larger)

CRITICAL NOTE: These are examples ONLY and they were designed for a specific bottle size. The size and required elements are entirely dependent on the size of the bottle on which the label will be applied. You cannot simply resize these images and apply them to your labels.

ECTA has created a calculator for exact measurement details as well as other compliance tools for ECTA Members. If you are an ECTA member, refer to the Member website for those items.

 

Example that qualifies for Exemption – small container

 

Example that does NOT qualify for Exemption – small container

5 Responses to What Does a “Compliant” Label Even Look Like?

  1. Just to contribute, according to my reading of CCCR, the small bottle exemption applies to “the main display panel of the container”, not the full size of the container. (If I’m reading this wrong, please correct me!)

    Taken from text:

    Exemption — small container
    (2) Despite subsection (1) and subject to Part 4, if the main display panel of a container has an area of
    (a) less than 35 cm2, only the hazard symbol and the signal word need be displayed

    • The display surface on any bottle is the flat circumferential surface, so the flat face from the edge of the top curve of the bottle to the edge of the bottom curve of the bottle – multiplied by the circumference of the bottle.

    • That is correct…

      The Exemption – small container is based on the size of the main display panel. “Generally”, 60 mL bottles and below will qualify for the exemption, BUT 60 mL bottles are right at the cusp of the 35 cm2. ALL bottles should be measured to make that determination.

      MDP for Round bottles: 40% of the display surface (bottle circumference x bottle display surface height)
      MDP for Square bottles/boxes: The largest side of the display surface (height x width)