Legislation Led by Reps. Esty and Brooks to Protect Children from Liquid Nicotine Poisoning Passes Committee

Statement

Bipartisan legislation introduced by Representatives Elizabeth Esty (D-CT5) and Susan W. Brooks (R-IN5) to protect children from liquid nicotine poisoning passed the House Energy and Commerce Committee unanimously. H.R. 3242, the Child Nicotine Poisoning Prevention Act of 2015, requires child safety packaging be added to liquid nicotine containers.

Liquid nicotine is used in e-cigarettes, which convert it to a vapor inhaled by the user. Liquid nicotine can come in many colors and flavors, such as grape or cotton candy, which appear attractive to children, and can often lead to accidental poisoning. More than half of reporter exposures to liquid nicotine have occurred in young children under the age of 6, according to the American Association of Poison Control Centers. Last December, a one-year old child in Fort Plain, New York died from liquid nicotine poisoning.

"As a mom, I can only imagine the pain felt by the parents and loved ones of the one-year-old who innocently picked up a liquid nicotine container and swallowed what was inside," Esty said. "His death was completely avoidable and could have been prevented had the liquid nicotine container been childproofed. The Child Nicotine Poisoning Prevention Act, which Congresswoman Brooks and I introduced in July, takes a commonsense approach to prevent unnecessary deaths and illnesses in children from liquid nicotine poisoning. I am proud that our legislation has cleared a key legislative hurdle in the Energy and Commerce Committee with broad support on both sides of the aisle, and I look forward to advocating for House passage in the weeks and months ahead."

"I'm proud that the Child Nicotine Poisoning Prevention Act of 2015 has cleared this first legislative hurdle, and can move forward to consideration before the full House of Representatives," Brooks said. "This legislation will ensure proper protections are in place to prevent unnecessary medical emergencies and deaths, which are on the rise across the country and in my home state of Indiana. Currently, it's simply too easy for a child to be fooled by packaging that uses bright and attractive colors to advertise familiar candy like flavors. Last year, a one-year old died from drinking just a small amount of liquid nicotine. This legislation could have prevented such a heartbreaking occurrence and will give parents, retailers and suppliers peace of mind moving forward. I look forward to working with all of my colleagues to enact this important legislation."

"Children in Michigan and across the country are at risk as there have already been thousands of reported poisonings related to liquid nicotine among kids," said Committee Chairman Fred Upton (R-MI). I commend Reps. Brooks and Esty for their work on this important bill."

In Connecticut, there have been 53 total liquid nicotine exposures over the last four years. In 2014, according to the Centers for Disease Control, calls to poison centers related to child nicotine poisoning occurred 214 times each month, up from one per month just four years before. Incidences of nicotine poisoning are still on the rise.

This legislation would protect children by ensuring every liquid nicotine container is in accordance with the Consumer Product Safety Act, specifically the Poison Prevention Act of 1970. Right now there are no packaging related safety requirements for liquid nicotine which can be ingested orally or even absorbed through the skin.

A child-resistant package is designed to be significantly difficult for children under five to open. In testing, 80 percent of children must not be able to open the product within a ten minute window.

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