I 

114TH CONGRESS 

1ST SESSION H. R. 3242 

To require special packaging for liquid nicotine containers, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 28, 2015 

Mrs. BROOKS of Indiana (for herself and Ms. ESTY) introduced the following 

bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To require special packaging for liquid nicotine containers, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Child Nicotine Poi5 soning Prevention Act of 2015’’. 

6 SEC. 2. SPECIAL PACKAGING FOR LIQUID NICOTINE CON7 TAINERS. 

8 (a) REQUIREMENT.—Notwithstanding section 2(f)(2) 

9 of the Federal Hazardous Substances Act (15 U.S.C. 

10 1261(f)(2)) and section 3(a)(5) of the Consumer Product 


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1 Safety Act (15 U.S.C. 2052(a)(5)), any nicotine provided 

2 in a liquid nicotine container sold, offered for sale, manu3 factured for sale, distributed in commerce, or imported 

4 into the United States shall be packaged in accordance 

5 with the standards provided in section 1700.15 of title 16, 

6 Code of Federal Regulations, as determined through test7 ing in accordance with the method described in section 

8 1700.20 of title 16, Code of Federal Regulations, and any 

9 subsequent changes to such sections adopted by the Com10 mission. 

11 (b) SAVINGS CLAUSE.— 

12 (1) IN GENERAL.—Nothing in this Act shall be 

13 construed to limit or otherwise affect the authority 

14 of the Secretary of Health and Human Services to 

15 regulate, issue guidance, or take action regarding 

16 the manufacture, marketing, sale, distribution, im17 portation, or packaging, including child-resistant 

18 packaging, of nicotine, liquid nicotine, liquid nicotine 

19 containers, electronic cigarettes, electronic nicotine 

20 delivery systems or other similar products that con21 tain or dispense liquid nicotine, or any other nico22 tine-related products, including— 

23 (A) authority under the Federal Food, 

24 Drug, and Cosmetic Act (21 U.S.C. 301 et 

25 seq.) and the Family Smoking Prevention and 


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1 Tobacco Control Act (Public Law 111–31) and 

2 the amendments made by such Act; and 

3 (B) authority for the rulemaking entitled 

4 ‘‘Deeming Tobacco Products to Be Subject to 

5 the Federal Food, Drug, and Cosmetic Act, as 

6 Amended by the Family Smoking Prevention 

7 and Tobacco Control Act; regulations on the 

8 Sale and Distribution of Tobacco Products and 

9 the Required Warning Statements for Tobacco 

10 Products’’ (April 2014) (FDA–2014–N–0189), 

11 the rulemaking entitled ‘‘Nicotine Exposure 

12 Warnings and Child-Resistant Packaging for 

13 Liquid Nicotine, Nicotine-Containing E-Liq14 uid(s), and Other Tobacco Products’’ (June 

15 2015) (FDA–2015–N–1514), and subsequent 

16 actions by the Secretary regarding packaging of 

17 liquid nicotine containers. 

18 (2) CONSULTATION.—If the Secretary of 

19 Health and Human Services adopts, maintains, en20 forces, or imposes or continues in effect any pack21 aging requirement for liquid nicotine containers, in22 cluding a child-resistant packaging requirement, the 

23 Secretary shall consult with the Commission, taking 

24 into consideration the expertise of the Commission 

25 in implementing and enforcing this Act and the PoiVerDate Sep 11 2014 23:31 Jul 29, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3242.IH H3242

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1 son Prevention Packaging Act of 1970 (15 U.S.C. 

2 1471 et seq.). 

3 (c) APPLICABILITY.—Notwithstanding section 

4 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 

5 2052(a)(5)) and section 2(f)(2) of the Federal Hazardous 

6 Substances Act (15 U.S.C. 1261(f)(2)), the requirement 

7 of subsection (a) shall be treated as a standard for the 

8 special packaging of a household substance established 

9 under section 3(a) of the Poison Prevention Packaging 

10 Act of 1970 (15 U.S.C. 1472(a)). 

11 (d) DEFINITIONS.—In this section: 

12 (1) COMMISSION.—The term ‘‘Commission’’ 

13 means the Consumer Product Safety Commission. 

14 (2) LIQUID NICOTINE CONTAINER.— 

15 (A) IN GENERAL.—Notwithstanding sec16 tion 2(f)(2) of the Federal Hazardous Sub17 stances Act (15 U.S.C. 1261(f)(2)) and section 

18 3(a)(5) of the Consumer Product Safety Act 

19 (15 U.S.C. 2052(a)(5)), the term ‘‘liquid nico20 tine container’’ means a package (as defined in 

21 section 2 of the Poison Prevention Packaging 

22 Act of 1970 (15 U.S.C. 1471))— 

23 (i) from which nicotine in a solution 

24 or other form is accessible through normal 

25 and foreseeable use by a consumer; and 


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1 (ii) that is used to hold soluble nico2 tine in any concentration. 

3 (B) EXCLUSION.—The term ‘‘liquid nico4 tine container’’ does not include a sealed, pre5 filled, and disposable container of nicotine in a 

6 solution or other form in which such container 

7 is inserted directly into an electronic cigarette, 

8 electronic nicotine delivery system, or other 

9 similar product, if the nicotine in the container 

10 is inaccessible through customary or reasonably 

11 foreseeable handling or use, including reason12 ably foreseeable ingestion or other contact by 

13 children. 

14 (3) NICOTINE.—The term ‘‘nicotine’’ means 

15 any form of the chemical nicotine, including any salt 

16 or complex, regardless of whether the chemical is 

17 naturally or synthetically derived. 

18 SEC. 3. EFFECTIVE DATE. 

19 This Act shall take effect on the date that is 180 days 

20 after the date of the enactment of this Act. 

Æ 


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