Determination on non-nicotine electronic cigarettes that bear the same brand name

Electronic cigarettes that bear the same brand name as electronic cigarettes labeled, advertised, or marketed as containing nicotine are presumptively determined to contain nicotine absent a sworn statement from the manufacturer that they do not contain nicotine. The manufacturer will be required to certify that the e-liquid or other substance that is used to create the vapor or aerosol does not contain nicotine. The sworn statement must be accompanied by a test performed by a domestic certified lab attesting to the absence of nicotine in such product.