A label on a liquid nicotine container must conform to the labeling standards set forth in 21 CFR Part 1143.3, including but not limited to:

1. (1) The label bears the following required warning statement on the package label: "WARNING: This product contains nicotine. Nicotine is an addictive chemical."

2. (2) The required warning statement must appear directly on the label and must be clearly visible underneath any cellophane or other clear wrapping as follows:

   1. (a) Be located in a conspicuous and prominent place on the two principal display panels of the container and the warning area must comprise at least 30 percent of each of the principal display panels;
   2. (b) Be printed in at least 12-point font size and ensures that the required warning statement occupies the greatest possible proportion of the warning area set aside for the required text;
   3. (c) Be printed in conspicuous and legible Helvetica bold or Arial bold type (or other sans serif fonts) and in black text on a white background or white text on a black background in a manner that contrasts by typography, layout, or color, with all other printed material on the label;
   4. (d) Be capitalized and punctuated as indicated in section (1) of this rule; and
   5. (e) Be centered in the warning area in which the text is required to be printed and positioned such that the text of the required warning statement and the other information on the principal display panel have the same orientation.
3. (3) A liquid nicotine container that would otherwise be required to bear the warning in section (1) of this rule but is too small or otherwise unable to accommodate a label with sufficient space to bear such information is exempt from compliance with the requirement provided that the information and specifications required under sections (1) and (2) of this rule appear on the carton or other outer container or wrapper if the carton, outer container, or wrapper has sufficient space to bear the information, or appear on a tag otherwise firmly and permanently affixed to the tobacco product package. In such cases, the carton, outer container, wrapper, or tag will serve as the location of the principal display panel.

Statutory/Other Authority

ORS 431A.175, ORS 431A.218 & 21 CFR Part 1143.3

Statutes/Other Implemented

ORS 431A.175 & ORS 431A.190-431A.220

History

PH 48-2023, amend filed 10/09/2023, effective 10/09/2023
PH 16-2022, amend filed 02/10/2022, effective 02/10/2022
PH 20-2016, f. & cert. ef. 6-24-16