[Pages H227-H229]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

CHILD NICOTINE POISONING PREVENTION ACT OF 2015

Mrs. BROOKS of Indiana. Mr. Speaker, I move to suspend the rules and
pass the bill (S. 142) to require special packaging for liquid nicotine
containers, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:

S. 142

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Child Nicotine Poisoning
Prevention Act of 2015''.

SEC. 2. SPECIAL PACKAGING FOR LIQUID NICOTINE CONTAINERS.

(a) Requirement.--Notwithstanding section 2(f)(2) of the
Federal Hazardous Substances Act (15 U.S.C. 1261(f)(2)) and
section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C.
2052(a)(5)), any nicotine provided in a liquid nicotine
container sold, offered for sale, manufactured for sale,
distributed in commerce, or imported into the United States
shall be packaged in accordance with the standards provided
in section 1700.15 of title 16, Code of Federal Regulations,
as determined through testing in accordance with the method
described in section 1700.20 of title 16, Code of Federal
Regulations, and any subsequent changes to such sections
adopted by the Commission.
(b) Savings Clause.--
(1) In general.--Nothing in this Act shall be construed to
limit or otherwise affect the authority of the Secretary of
Health and Human Services to regulate, issue guidance, or
take action regarding the manufacture, marketing, sale,
distribution, importation, or packaging, including child-
resistant packaging, of nicotine, liquid nicotine, liquid
nicotine containers, electronic cigarettes, electronic
nicotine delivery systems or other similar products that
contain or dispense liquid nicotine, or any other nicotine-
related products, including--
(A) authority under the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.) and the Family Smoking Prevention
and Tobacco Control Act (Public Law 111-31) and the
amendments made by such Act; and
(B) authority for the rulemaking entitled ``Deeming Tobacco
Products to Be Subject to the Federal Food, Drug, and
Cosmetic Act, as Amended by the Family Smoking Prevention and
Tobacco Control Act; regulations on the Sale and Distribution
of Tobacco Products and the Required Warning Statements for
Tobacco Products'' (April 2014) (FDA-2014-N-0189), the
rulemaking entitled ``Nicotine Exposure Warnings and Child-
Resistant Packaging for Liquid Nicotine, Nicotine-Containing
E-Liquid(s), and Other Tobacco Products'' (June 2015) (FDA-
2015-N-1514), and subsequent actions by the Secretary
regarding packaging of liquid nicotine containers.
(2) Consultation.--If the Secretary of Health and Human
Services adopts, maintains, enforces, or imposes or continues
in effect any packaging requirement for liquid nicotine
containers, including a child-resistant packaging
requirement, the Secretary shall consult with the Commission,
taking into consideration the expertise of the Commission in
implementing and enforcing this Act and the Poison Prevention
Packaging Act of 1970 (15 U.S.C. 1471 et seq.).
(c) Applicability.--Notwithstanding section 3(a)(5) of the
Consumer Product Safety Act (15 U.S.C. 2052(a)(5)) and
section 2(f)(2) of the Federal Hazardous Substances Act (15
U.S.C. 1261(f)(2)), the requirement of subsection (a) shall
be treated as a standard for the special packaging of a
household substance established under section 3(a) of the
Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)).
(d) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(2) Liquid nicotine container.--
(A) In general.--Notwithstanding section 2(f)(2) of the
Federal Hazardous Substances Act (15 U.S.C. 1261(f)(2)) and
section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C.
2052(a)(5)), the term ``liquid nicotine container'' means a
package (as defined in section 2 of the Poison Prevention
Packaging Act of 1970 (15 U.S.C. 1471))--
(i) from which nicotine in a solution or other form is
accessible through normal and foreseeable use by a consumer;
and
(ii) that is used to hold soluble nicotine in any
concentration.
(B) Exclusion.--The term ``liquid nicotine container'' does
not include a sealed, pre-filled, and disposable container of
nicotine in a solution or other form in which such container
is inserted directly into an electronic cigarette, electronic
nicotine delivery system, or other similar product, if the
nicotine in the container is inaccessible through customary
or reasonably foreseeable handling or use, including
reasonably foreseeable ingestion or other contact by
children.
(3) Nicotine.--The term ``nicotine'' means any form of the
chemical nicotine, including any salt or complex, regardless
of whether the chemical is naturally or synthetically
derived.

SEC. 3. EFFECTIVE DATE.

This Act shall take effect on the date that is 180 days
after the date of the enactment of this Act.

The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Indiana (Mrs. Brooks) and the gentleman from Maryland (Mr. Sarbanes)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Indiana.

General Leave

Mrs. BROOKS of Indiana. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and to insert extraneous materials into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Indiana?
There was no objection.
Mrs. BROOKS of Indiana. Mr. Speaker, I yield myself such time as I
may consume.
Recently there has been a significant amount of debate surrounding
liquid nicotine, ranging from its use as cigarette cessation to its use
in public spaces. While there are differing points on the future of
vaping, everyone can agree on the need to prevent the product from
inadvertently reaching the hands of children.
That is why my colleague from Connecticut (Ms. Esty) and I introduced
the Child Nicotine Poisoning Prevention Act, which simply requires
child safety packaging be added to liquid nicotine containers. The bill
we are considering today and have already passed in the Senate is
identical to our bill, which passed out of the Committee on Energy and
Commerce in October of last year.

[[Page H228]]

Liquid nicotine, the product that is used in vaping pipes, is getting
into the hands of children at a startling rate. I witnessed this
firsthand when I had the opportunity to visit the Indiana Poison
Control Centers last year.
Their director, Dr. Jim Mowry, shared with me that exposures to e-
cigarettes in Indiana alone have increased eightfold from 2011 to 2014.
The numbers nationwide are even more startling, with poison control
centers across the country showing a 14-fold increase in the exposure
to e-cigarettes, from 271 cases in 2011 to just under 4,000 cases in
2014.
Attracted by flavors like Skittles and Apple Jacks, curious children
are often tempted to taste this liquid. Unfortunately, a single
teaspoon of this liquid can be deadly to a child if it is either
ingested or absorbed through the skin.
Since there are no safety packaging requirements currently under
Federal law, children aren't hindered in any way from having access to
this potentially lethal product. With vaping becoming even more popular
across the country and with an estimated 36 percent of e-cigarette
users not locking up bottles of liquid nicotine or using childproof
caps, I fear these calls to the poison control centers will only
continue to rise.
That is why the bill in front of us today is so important. Very
simply, it solves the problem that we have by applying to liquid
nicotine the existing childproofing requirements found in the Poison
Prevention Act. We shield our children from hazardous products. Liquid
nicotine should be no exception.
Now, I know that the FDA also plans to regulate in this space and
some have expressed worry about the overlapping regulations that this
bill might impose. I am hopeful that the savings clause that we have
added to the bill will allay the fears of those skeptics since it
explicitly allows the FDA to continue its regulatory authority.
There is a significant amount of debate about the FDA's authority in
this area and when it will act. Regardless, since the FDA hasn't even
produced a proposed rule yet, a final rule will likely not be finalized
for over a year. That is a year of more calls to poison control centers
across the country and a year of kids being needlessly exposed to an
easily preventable danger. Let's solve the problem right now by passing
this legislation and sending it to the President's desk today.
In closing, I express my thanks to my colleague, the gentlewoman from
Connecticut (Ms. Esty). This is something that I know she has worked on
for quite some time; so, I thank her for helping to spearhead this
effort and for helping us to craft a bill that will protect children
for generations to come.
Mr. Speaker, I reserve the balance of my time.
Mr. SARBANES. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of S. 142, the Child Nicotine Poisoning Prevention
Act, which would protect children from exposure to liquid nicotine.
Liquid nicotine comes in a variety of flavors, like orange, grape,
bubblegum, and cotton candy, which appeal to kids, and many of these
liquid nicotine products are easily accessible to children for contact
and consumption. At this time, there is no existing standard to protect
against accidental poisoning.
The threat of poisoning is not an imagined threat. About a year ago
the first American victim--a 1-year-old--died from liquid nicotine
poisoning. The number of calls to poison control centers about liquid
nicotine continues to rise, and more than half of those reported
exposures occurred in children who were under 6 years of age.
This bill, as you heard, takes the commonsense step of directing the
Consumer Product Safety Commission to limit the risks of child liquid
nicotine poisoning by requiring special packaging for liquid nicotine
containers.
At the same time, it allows the Food and Drug Administration to
continue with its rules on tobacco products, including the requirement
for the childproof packaging of liquid nicotine.
The FDA's authority to do so is clear, and I strongly encourage the
Office of Management and Budget to finish its review of the tobacco
rule so the rules can go into effect quickly.
I hope and expect this will be as widely supported in the House as it
was in the Senate. I salute Representative Brooks. I also thank
Representative Elizabeth Esty for her important leadership on this
critical issue and for working across the aisle, from the outset, to
advance this bill.
Mr. Speaker, I reserve the balance of my time.
Mrs. BROOKS of Indiana. Mr. Speaker, I reserve the balance of my
time.
Mr. SARBANES. Mr. Speaker, I yield such time as she may consume to
the gentlewoman from Connecticut (Ms. Esty).
Ms. ESTY. Mr. Speaker, I rise today in support of the Child Nicotine
Poisoning Prevention Act.
Along with Senator Nelson, I proudly introduced the Child Nicotine
Prevention Act last year. This year it has been a real pleasure to work
with my good friend Susan Brooks.
I would like to thank her as well as Representative Schakowsky,
Representative Sarbanes, Chairman Upton, Ranking Member Pallone, and
all of the staff for their help on this commonsense, important--
literally, lifesaving--legislation that I hope we will pass today and
put on the President's desk tonight.
As a mom, I can only imagine the pain felt by parents whose children
have been poisoned by a substance that, so far, the Federal Government
has done nothing from which to protect their children.
It is understandable that children are attracted by the liquid
nicotine that is being sold right now through e-cigarettes. The
packages are brightly colored. They look like candy. They have flavors
like strawberry, gummy bears, cotton candy, peppermint, chocolate. Once
you open the package, it smells like candy.

It is not surprising, particularly at the holidays, that children who
are seeing brightly colored food flavorings and who are dyeing cookies
and making them bright colors would be curious. They smell it and want
to taste it. Just a little over a year ago a 2-year-old died in New
York from ingesting this.
Even a small bottle of liquid nicotine has enough poison to kill four
small children; so, I am grateful to my friends today on both sides of
the aisle for having joined us to reduce the risk of these poisonings
by adding the simple packaging that we are all familiar with, those
plastic wrappings that are on every bottle of eyedrops, on every bottle
of contact lens solution, and on all poisons and commonsense household
products that we know could endanger an adult.
But here we are talking about children, and they deserve our
protection. Liquid nicotine, which is just as dangerous, deserves to
have that packaging.
This bipartisan legislation will require that all liquid nicotine
quantities be childproofed. It is a simple, commonsense measure. It
will save lives. I ask that all of my colleagues support this
legislation today so as to ensure that liquid nicotine packaging in all
sizes and shapes and colors and flavors is childproofed.
We have worked very hard to ensure that we are working within the
FDA's authority, giving them time to develop final rules. But, frankly,
we have already waited over a year. We have already had a death in the
last year, and there has been a huge increase in the number of calls to
poison centers. So it is past time for us to act.
Again I thank my colleagues, particularly the chairman and Susan
Brooks, for their leadership.
I urge my colleagues to join us today. Let's get this on the
President's desk for signature. Let's get our children protected from
the dangers of liquid nicotine.
Mr. SARBANES. Mr. Speaker, I urge support of this important bill.
I yield back the balance of my time.
Mrs. BROOKS of Indiana. Mr. Speaker, I yield myself the balance of my
time.
In closing, as the gentlewoman from Connecticut (Ms. Esty) so
eloquently stated, I also commend my colleagues on the Committee on
Energy and Commerce for seeing the importance of this.
I thank Mr. Sarbanes, the chairman, and the ranking member for moving
on this commonsense legislation. I thank Ms. Esty for being a champion
of the Child Nicotine Poisoning Prevention Act.
I urge all of my colleagues to support this bill.

[[Page H229]]

Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise in support to S. 142, the
``Child Nicotine Poisoning Prevention Act,'' which requires any
nicotine provided in a liquid nicotine container sold, offered for
sale, manufactured for sale, distributed in commerce must be in special
packaging that is difficult for children under five years of age to
open or access harmful contents.
As the founding member and Chair of the Congressional Children's
Caucus, I am in support of this bill because it places the safety of
children first.
Today, small children are at risk of injury and death from easily
accessed liquid nicotine used to refill electronic cigarettes.
Nicotine liquids used in e-cigarettes are sold without child proof
packaging.
Further, these nicotine products are attractive to children because
they come in a wide range of candy flavors such as gummy bear, cotton
candy and chocolate.
Liquid nicotine is highly toxic and sold in a highly concentrated
form.
Many liquid nicotine products contain nearly 36 mg of nicotine per
milliliter of liquid.
According to the Campaign for Tobacco Free Kids the concentrated form
of nicotine in liquid form intended for use in smokeless cigarettes
would only take a small 15 milliliter dose to kill four toddlers.
According to the Centers for Disease Control the number of calls to
poison centers involving e-cigarette liquids containing nicotine rose
from one per month in September 2010 to 215 per month in February 2014.
Data from the American Association of Poison Control Centers (AAPCC)
showed nearly 4,000 adverse incidents related to e-cigarette exposures
in 2014, a 145 percent increase from 2013 and a 14-fold increase since
2011.
In 2015, there were 1,499 calls to Poison Control Centers through May
31, 2015 that were liquid nicotine related.
This bill would save children's lives by allowing the Consumer
Product Safety Commission (CPSC) the authority to require the use of
child-resistant packaging on liquid nicotine containers sold to
consumers.
The CPSC currently requires such packaging on many common toxic
household substances like bleach, as well as FDA-regulated products
like prescription drugs.
S. 142 is needed to save children from unnecessary poisonings from
liquid nicotine.
The most recent National Youth Tobacco Survey showed e-cigarette use
is growing fast, and now this report shows e-cigarette related
poisonings are also increasing rapidly,'' said Tim McAfee, M.D.,
M.P.H., Director of CDC's Office on Smoking and Health.
We all must do our part to reduce liquid nicotine poisoning of
children.
It will take the efforts of members of the House in voting to pass
this bill, health care providers, e-cigarette companies and
distributors, and the public need to join efforts to keep our children
safe from potential health risk from e-cigarettes.
Strategies to monitor and prevent future poisonings are critical
given the rapid increase in e-cigarette related poisonings and the
first step is voting for S. 142.
I ask my colleagues to join me in support of S. 142, ``Child Nicotine
Poisoning Prevention Act.''
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Indiana (Mrs. Brooks) that the House suspend the rules
and pass the bill, S. 142.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.

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