[Congressional Record Volume 161, Number 185 (Friday, December 18, 2015)]
[Senate]
[Page S8877]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            CHILD NICOTINE POISONING PREVENTION ACT OF 2015

  Ms. MURRAY. Mr. President, today I wish to engage in a colloquy with 
my colleague from Florida to speak briefly about the Senate's recent 
passage of S. 142, the Child Nicotine Poisoning Prevention Act of 2015, 
which was introduced by Senator Nelson and which I cosponsored, along 
with many of our colleagues on both sides of the aisle.
  Liquid nicotine is very dangerous: even a small amount on the skin is 
enough to make a small child very ill. A 15-milliliter bottle, like 
those sold in stores and online--often without any verification that 
the buyer is not a minor--contains enough liquid nicotine to kill four 
children. This substance is marketed in bright colors and sweet 
flavors, so it is no surprise that it finds its way into the hands of 
our children. In 2014 alone, the American Association of Poison Control 
Centers reported over 1,500 liquid nicotine exposures. These exposures 
resulted in many serious injuries and at least one tragic death of a 
child in New York.
  Mr. NELSON. I agree with my colleague from Washington--we cannot 
stand by and allow this harm to continue. The U.S. Government requires 
child-resistant packaging on other products, including over-the-counter 
medications and cleaning supplies. These rules have prevented countless 
injuries and deaths, and this important legislation will ensure we have 
the same protections in place when it comes liquid nicotine.
  Ms. MURRAY. That is why my colleague, the ranking member of the 
Committee on Commerce, Science, and Transportation, and I, as ranking 
member of the Committee on Health, Education, Labor and Pensions, urge 
the Consumer Product Safety Commission, CPSC, to act swiftly to 
implement S. 142.
  At the same time, we note that Congress is aware that the Food and 
Drug Administration has indicated a commitment to addressing the 
important public health issue of protecting children from the dangers 
of liquid nicotine. The agency's proposed tobacco deeming rule when 
finalized will extend FDA's tobacco authorities to products like e-
cigarettes not marketed for therapeutic purposes and liquid nicotine.
  Mr. NELSON. Like my colleague, I urge FDA to act as quickly as 
possible to address this important public health issue as soon as they 
have jurisdiction over these products, and we understand they intend to 
do so. On July 1, 2015, FDA issued an Advance Notice of Proposed Rule 
Making, ANPRM, titled, ``Nicotine Exposure Warnings and Child-Resistant 
Packaging for Liquid Nicotine, Nicotine-Containing E-Liquid(s), and 
Other Tobacco Products; Request for Comments.''
  This ANPRM sought comments, data, and research results that will 
inform future regulatory action. As the regulating agency of these 
products, FDA must use all of its regulatory tools to protect children 
from the harms of e-cigarettes and liquid nicotine, including the 
regulation of liquid nicotine packaging.
  I look forward to working with Senator Murray and our colleagues at 
the FDA and at the CPSC on this important issue. Together, we can 
ensure that every measure is taken to prevent more harm to our children 
from these dangerous products.

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