Assemblymember Linda B. Rosenthal Law to Ban the Sale of Deadly Liquid Nicotine to Minors and Require Child-Resistant Packaging Becomes Law

New York, NY – Assemblymember Linda B. Rosenthal announced that her bill (A.9299-D) to ban the sale of liquid nicotine to minors under the age of 18 and to require that all liquid nicotine sold in the state come in child-resistant packaging become law today.

“Liquid nicotine is a dangerous poison; exposure to even one teaspoon of liquid nicotine can be fatal for a child,” said Assemblymember Linda B. Rosenthal. “I am pleased that Governor Cuomo, recognizing these serious risks, took action and signed my bill into law.”

Liquid nicotine, which is a key ingredient in electronic cigarettes, is extracted from tobacco and mixed with a variety of unidentified chemicals, colors and flavors. The liquid is available in stores and online, and is poured into a refillable electronic cigarette cartridge and then vaporized by the user. Ingesting or inhaling small amounts of liquid nicotine can cause a variety of side effects, including vomiting, dizziness, increased salivation and tearing, diarrhea and muscle weakness. In serious cases, confusion, coma, seizures and even death may occur if young children are exposed to high doses.

In late December 2014, a one-year-old Fort Plain, NY boy after he accidentally drank liquid nicotine. His death marked the first in New York, and the country, attributed to liquid nicotine, but is likely not to be the last. With the proliferation of electronic cigarettes, which are largely unregulated and easily accessible, poison control experts have reported a significant and worrisome increase in the number of liquid nicotine poisonings. According to the American Association of Poison Control Centers, the number of liquid nicotine poisonings has increased to 3,638 in 2014 from 460 and 1,543 in 2012 and 2013 respectively. More than half of all poisonings involved children under the age of six.

“I hope this law will help to spare another family the suffering brought on by the loss of a loved one in a completely preventable tragedy,” said Assemblymember Linda B. Rosenthal. “This common sense legislation is narrowly tailored to safeguard New Yorkers and will provide a desperately needed measure of protection against accidental exposure in young children.”

The bill, which takes effect immediately, was sponsored by Kemp Hannon in the New York State Senate.

In 2012, Assemblymember Linda B. Rosenthal passed a law to ban the sale of electronic cigarettes to minors. She is also the sponsor of bill A. 8178-C to extend the protections of New York’s Clean Indoor Air Act to include electronic cigarettes and bill A.9649, which would electronic cigarette retailers, not otherwise registered with the New York State Department of Taxation and Finance to sell tobacco products, to register with the New York State Department of Health. Additionally, the bill would require DOH to promulgate rules and regulations to create a statewide registry of all electronic cigarette retailers.