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Child-proof packages for e-cigarettes sought

TIFFANY L. PARKS
Special to the Legal News

Published: May 27, 2015

Rep. Steve Huffman has joined Sen. Shannon Jones in stumping for a bill that would ban the sale of electronic cigarette products that are not in child-resistant packaging.

“The scope of the legislation aims to make sure the liquid nicotine bottle caps are designed so a child 5 years of age and younger is not able open the packaging,” Huffman, R-Tipp City, said in sponsor testimony for House Bill 168 before the House Health and Aging Committee.

The bill is a companion proposal to Senate Bill 54.

SB 54, sponsored by Jones, R-Springboro, is a reintroduction of Senate Bill 379 from the last General Assembly.

“As a physician and former county coroner, when looking into any issue that is remotely medically related, I value the research of the U.S. Food and Drug Administration,” Huffman said.

“According to the FDA, e-cigarettes have not been fully studied and consumers do not know all of the risks they place on the human body over a period of time. It also has not been proven that e-cigarettes are a gateway or cessation product.”

Huffman also noted that the Centers for Disease Control and Prevention released a study in April 2014 that indicated an increase in e-cigarette related calls to poison centers.

“In the study, the proportion of e-cigarette calls jumped from 0.3 percent in 2010 (1 call per month) to 41.7 percent in February 2014 (215 calls per month). These liquid nicotine poisonings occurred from children ingesting, inhaling or absorbing the substance through the skin or eyes,” he said, adding that the director of the CDC described the applicable packaging as a threat.

Under the proposed legislation, “child-resistant packaging” would not be difficult for a normal adult to open but is designed or constructed to be significantly difficult, within a reasonable time, for a child under age 5 to open.

The bill also defines “electronic cigarette” as any electronic product or device that produces a vapor that delivers nicotine or any other substance to the person inhaling from the device to simulate smoking and that is likely to be offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo or electronic pipe.

HB 168 calls for the Ohio Department of Health to develop guidelines and adopt rules establishing the standards for the child-resistant packaging.

The Ohio Department of Public Safety would be charged with enforcing the bill. Each violation of the measure would yield a $1,000 civil penalty.

While the FDA has issued proposed regulations that would deem liquid nicotine a product subject to tobacco regulatory authority, Jones said there is currently no plan to require that liquid nicotine be sold in child-resistant containers.

“Electronic cigarette refills contain highly concentrated levels of liquid nicotine,” she said, adding that if ingested, one teaspoon could be lethal to a child.

“These refills often come in a variety of flavors and packaging that can be appealing to children, including grape, strawberry, cotton candy, fruit loops and gummy bear. It is imperative that we put safety measures in place to protect our children.”

Vermont, Minnesota and Illinois have enacted similar legislation.

“Child-resistant packaging and limiting product volumes have been shown effective in reducing fatalities associated with accidental ingestion of medications such as Tylenol, aspirin, iron-containing medications and Benadryl,” Jones said.

“It is crucial that we continue to implement measures that protect our children from dangerous and potentially lethal substances.”

After working with Jones on the bill’s provisions, the Ohio chapter of the American Academy of Pediatrics has endorsed the proposed legislation.

HB 168 was slated for a committee hearing this week.

The bill has gained bipartisan support from Reps. Cheryl Grossman, Steven Kraus, Bob Cupp, Debbie Phillips, Gary Scherer, Jeffrey Rezabek, Marlene Anielski, Doug Green, Michele Lepore-Hagan, Michael Henne, Louis Blessing III and Mike Duffey.

SB 54 has been assigned to the Senate Transportation, Commerce and Labor Committee.

That measure has also garnered support from both sides of the aisle and is co-sponsored by Sens. John Eklund, Tom Patton, Peggy Lehner, Charleta Tavares, Michael Skindell and Cecil Thomas.

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