Summary: S.142 — 114th Congress (2015-2016)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Public Law No: 114-116 (01/28/2016)

(This measure has not been amended since it was passed by the Senate on December 10, 2015. The summary of that version is repeated here.)

Child Nicotine Poisoning Prevention Act of 2015

(Sec. 2) This bill requires any nicotine provided in a liquid nicotine container sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States to be packaged in accordance with the Consumer Product Safety Commission's (CPSC's) standards and testing procedures for special packaging that is difficult for children under five years of age to open or to obtain harmful contents from. The requirement must be treated as a standard for the special packaging of a household substance under the Poison Prevention Packaging Act of 1970.

"Liquid nicotine container" is defined to: (1) include a package from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer and that is used to hold soluble nicotine in any concentration; and (2) exclude 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.

The bill applies to any form of chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived.

The Department of Health and Human Services (HHS) must consult with the CPSC if HHS maintains, enforces, imposes, or continues in effect any packaging requirement for liquid nicotine containers, including a child-resistant packaging requirement.