United States Congress Passes Child Nicotine Poisoning Protection Act; The Bill Now Goes to President Obama for His Signature
January 11, 2016

On January 11, 2016, the U.S. House of Representatives approved legislation requiring that liquid nicotine be sold in child-resistant packaging, consistent with Consumer Product Safety Commission standards.The Senate previously approved the legislation (the Child Nicotine Poisoning Prevention Act), which is designed to protect children from poisoning from highly concentrated vials of liquid nicotine.  The bill now heads to the White House for President Obama's signature.

"In recent years, the marketing of unregulated flavored nicotine products has led to a surge in accidental ingestion by children," said Dr. Barry Hummel, a Pediatrician and Co-Founder of the Quit Doc Foundation. "The new law will hold candy-flavored nicotine, including bubble gum and gummy bear flavored products, to the same standards as other over-the-counter drugs by requiring child-resistant packaging."

According to the American Association of Poison Control Centers, one teaspoon of liquid nicotine could be lethal to a small child, and smaller amounts can cause severe illness.
"In 2011, there were 271 cases of accidental nicotine ingestion reported to poison control centers," added Dr. Hummel. "That number jumped to 3,783 by 2014, a 14-fold increase. More than half of these cases involved children under the age of 6, the group most vulnerable to severe illness and death."

This legislation addresses one aspect of the public health and safety challenges posed by e-cigarettes. While the Food and Drug Administration (FDA) has the authority to regulate these products under the Tobacco Control Act of 2009, the agency has been slow to act.

In April, 2014, the FDA announced some initial proposed regulations for electronic cigarettes.  Those proposed rules are currently under review by the Office of Management and Budget, and the final ruling is expected later this month.