Child Nicotine Poisoning Prevention Act of 2015
PL 114-116 (S.142), enacted 01/28/2016

130 STAT. 3 
PUBLIC LAW 114–116—JAN. 28, 2016 
Public Law 114–116 
114th Congress 
An Act 
To require special packaging for liquid nicotine containers, and for other purposes. 
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 Preven-
tion Act of 2015’’. 
SEC. 2. SPECIAL PACKAGING FOR LIQUID NICOTINE CONTAINERS. 
(a) REQUIREMENT.—Notwithstanding section 2(f)(2) of the Fed-
eral 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, dis-
tribution, importation, or packaging, including child-resistant 
packaging, of nicotine, liquid nicotine, liquid nicotine con-
tainers, electronic cigarettes, electronic nicotine delivery sys-
tems 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 Cos-
metic 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), 
Commerce and 
trade. 
Exports and 
imports. 
15 USC 1472a. 
Child Nicotine 
Poisoning 
Prevention Act 
of 2015. 
15 USC 1471 
note. 
Jan. 28, 2016 
[S. 142] 
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130 STAT. 4 
PUBLIC LAW 114–116—JAN. 28, 2016 
and subsequent actions by the Secretary regarding pack-
aging 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 con-
tainers, 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 Con-
sumer 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 Con-
sumer 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 con-
tainer of nicotine in a solution or other form in which 
such container is inserted directly into an electronic ciga-
rette, 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. 
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130 STAT. 5 
PUBLIC LAW 114–116—JAN. 28, 2016 
LEGISLATIVE HISTORY—S. 142 (H.R. 3242): 
HOUSE REPORTS: No. 114–394 (Comm. on Energy and Commerce) accompanying 
H.R. 3242. 
SENATE REPORTS: No. 114–12 (Comm. on Commerce, Science, and Transporta-
tion). 
CONGRESSIONAL RECORD: 
Vol. 161 (2015): Dec. 10, considered and passed Senate. 
Vol. 162 (2016): Jan. 11, considered and passed House. 
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. 
Approved January 28, 2016. 
15 USC 1472a 
note. 
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