CPSC Set to Get Authority over Liquid Nicotine Containers

The Senate version of a bill (S. 142) to give CPSC power over liquid nicotine containers awaited President Obama's signature as PSL went to press. It received final House approval by voice vote January 11. The law would let CPSC apply the safety closure provisions of the Poison Prevention Packaging Act to the substance, which has drawn concern in recent years due to poisonings involving children (PSL, 12/22/14).

It excludes prefilled, disposable cartridges inserted directly into electronic cigarettes. Other containers would need to comply with the closure and testing requirements at 16 CFR 1700. The law would apply to all forms of nicotine regardless of their being naturally or chemically derived.

The law was needed because the CPSA excludes tobacco and tobacco products from the definition of consumer products under CPSC jurisdiction. Though typically understood to refer to items like cigarettes, the exclusion covered liquid nicotine as it is derived from tobacco. This led to state laws, such as in one in New York that resulted in at least $95,000 in penalties (PSL, 6/29/15) over lack of safety closures.

Liquid nicotine is highly concentrated, making it a low-dose poison. It often comes in flavors – including candies – as well as packaging – including cartoon characters – that appeal to children.

The legislation contains language emphasizing that CPSC's safety closure jurisdiction would not remove the powers of the Department of Health and Human to regulate such liquids. The department includes the Food and Drug Administration and the Centers for Disease Control and Prevention, both of which have roles in addressing the health-related concerns about tobacco use.

The related House bill was HR 3242.