[Congressional Record (Bound Edition), Volume 162 (2016), Part 1]
[House]
[Pages 292-294]
[From the U.S. 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.
  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

[[Page 293]]

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.
  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.

[[Page 294]]

  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.

                          ____________________