N.C.P.I.—Crim. 272.60

NOTE WELL: Effective for offenses committed on or

after December 1, 2015, N.C. Gen. Stat. § 14-401.18A

prohibits any person, firm, or corporation from selling,

offering for sale, or introducing into commerce in this

State an e-liquid container unless the container

constitutes child-resistant packaging. Any person, firm,

or corporation violating this provision shall be held

liable in damages to any person injured as a result of

the violation.

The defendant has been charged with the [sale] [offer for sale]

[introduction into commerce in North Carolina] of an e-liquid container for

an e-liquid product without child-resistant packaging.

For you to find the defendant guilty of this offense, the State must

prove two things beyond a reasonable doubt:

First, that defendant [sold] [offered for sale] [introduced into

commerce in North Carolina] an e-liquid container for an e-liquid product.

An e-liquid1 is a liquid product, whether or not it contains nicotine, that

is intended to be vaporized and inhaled using a vapor product.2 An e-liquid container is a bottle or other container of e-liquid.3

And Second, that the e-liquid container for an e-liquid product that

defendant [sold] [offered for sale] [introduced into commerce in North

Carolina] did not constitute child resistant packaging. “Child resistant

packaging” means packaging that is designed or constructed to be

significantly difficult for children under five years of age to open or obtain

a toxic or harmful amount of the substance contained therein within a

reasonable time and not difficult for adults to use properly. The term

“child resistant packaging” does not mean packaging which all such

children cannot open or obtain a toxic or harmful amount within a

reasonable time.4

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant [sold] [offered for sale]

[introduced into commerce in North Carolina] an e-liquid container for an

e-liquid product that did not constitute child-resistant packaging, it would

be your duty to return a verdict of guilty. If you do not so find or have a

reasonable doubt as to one or both of these things, it would be your duty

to return a verdict of not guilty.