Opening
This post will outline our point of view, understanding, and how we interpret the new act and regulations on what qualifies as a "battery" and what is "removable & inspectable." This topic needs to be clarified, and based on conversations with many NZ manufacturers & importers, this topic is arguably one of the most confusing parts of the new legislation.
Definitions
For the sake of this post, we'll rely on three crucial definitions as stipulated in the act and regulations, which are instrumental in determining the classification of a battery and when a pod attached to a battery becomes a Vaping Device:
vaping device means a device that—
(a) vaporises or aerosolises a substance or a mixture of substances by heating it for the purpose of inhalation through a mouthpiece; and
(b) is sold as a complete unit or to be assembled from individual components
battery, in relation to a vaping device, includes 1 or more batteries or battery packs used at the same time to power a vaping device
refilling, in relation to a vaping device, means adding a vaping substance or heated tobacco product to a device so that it can be vaped, whether adding it directly or by using a pod, cartridge, or similar storage container
Application to Phantom
Applying these definitions to the Phantom, the following conclusions can be drawn:
When the Phantom Battery + Pod are paired and connected, they meet the criteria to be considered a "Vaping Device." The Phantom is also deemed refillable since it can be replenished using a pod cartridge.
When the parts are separated, they individually fulfill distinct roles as components of a vaping device, as elaborated below:
- The Phantom Battery when separated, is recognized as the Battery component, with the sole purpose of providing power to the heating element in the pod. Without the pod the battery cannot produce vapour.
- The Phantom Pod in isolation, functions as the mouthpiece/heating element component and without the battery cannot produce vapour.
A good comparison would be power tools: The tool itself connects to a proprietary battery pack to power the tool. The battery pack typically consists of battery cells (locked and enclosed within the pack's housing), some light indicators, a battery management system, and the ability to connect it to the tool and a charging mechanism. This is no different from your typical refillable pod systems.
How is the Phantom Battery removable?
The act and regulations clearly distinguish between a battery/battery pack vs. a loose battery cell in their electrical safety standard for all vaping devices. It also defines removable as the ability for the user to remove, inspect, and replace the battery (not the battery cell) without damaging the "Vaping Device" (meaning the pod + battery are connected to qualify) and with no more than a screwdriver.
Phantom fits within this guideline. The components can be removed/separated without damaging the device, and you don't need a screwdriver – a simple pull and release removes the battery from the pod.
What if the VRA require loose cells?
Suppose the VRA (Vaping Regulatory Authority) intends to introduce loose cell requirements for all vaping devices. In this scenario, placing these requirements under the "Product Safety Requirements" category raises significant concerns, as it may compromise the safety of vaping devices across the board.
For instance, if there were ever doubts about the integrity of a battery cell, allowing the average vaper to "inspect" and remove the cell from the battery pack could pose substantial risks. The average vaper may lack the necessary knowledge and expertise to discern signs of a damaged cell, potentially leading to unsafe handling practices.
Therefore, the incorporation of loose cell requirements into the "Product Safety Requirements" category warrants careful consideration, as it carries the potential to introduce safety hazards into all vaping devices, particularly for vapers who may not be well-versed in identifying and addressing battery cell issues.
The U.S. Consumer Product Safety Commission (CPSC) is warning consumers not to buy or use loose lithium-ion battery cells. These cells are manufactured as industrial component parts of battery packs and are not intended for individual sale to consumers. See the link here: Read Article.
If you have never seen how quickly a loose lithium cell can turn into a stick of dynamite, please watch the Video on this link here: Watch Video.
How would Phantom react?
If the VRA were to enforce removable cells in all vaping devices (which we do not think will happen) we would first ask "why?" - Why enforce removeable cells? and what evidence do you have that this will make the product safer?
The only responsible implementation for user safety, would be to lock the cell into the battery pack and require the user to remove the cell with a small Torx screwdriver, making most consumers have to source the appropriate tool to remove the cell. But again, why? - What are we achieving with this?
Conclusion
We are actively seeking clarification to put this to rest and move forward with implementing the fully compliant Phantom. Regardless of the outcome, we are committed to making all necessary changes to be 100% compliant. All Phantom products will be compliant with all deadlines set. We want to strike a balance by ensuring the Phantom is user-friendly, but the most crucial factor is user safety, and our interpretation is the only safe way forward.