Vermont lawmakers backed a proposal Wednesday to make it harder for children to ingest liquid nicotine gels used in e-cigarettes.
Rep. Patti Komline, R-Dorset, introduced an amendment to require child-proof packaging on the replaceable liquid nicotine gels used in the devices. The proposal was an amendment to the toxic chemical bill that passed in the House on Wednesday.
Electronic cigarettes — battery-powered tubes that vaporize a flavored nicotine fluid that users inhale like smoke — are part of a booming industry health advocates warn might stimulate a renewed interest in youth smoking.
Because the products are not federally regulated, adults can purchase them in many locations, though it is illegal to sell them to minors in Vermont.
Strawberry shortcake, pink bubble gum, peanut butter cup, gummy bear and Mountain Dew burst are among the flavors sold in liquid nicotine vials, Komline said.
The House Fish, Wildlife and Water Resources Committee, which drafted the House version of the toxics regulation bill, supported the amendment to put protective packaging on these products.
Committee Chair Rep. David Deen, D-Putney, said the chemicals are dangerous, and they come in flavors that appeal to children, which his committee found to be “particularly insidious.”
The amendment was attached to S.239, a bill designed to regulate toxic chemicals in children’s products. The House voted 120-22 to support the amended bill.
Senate President Pro Tem John Campbell also introduced the e-cigarette amendment Wednesday in the Senate, attaching it to H.217, a bill about smoking on state property.
“Did you smell it? It’s like amazing, it looks like food coloring … and then you find out what the toxicity of it is,” Campbell said.
E-cigarettes do not contain the carcinogens found in traditional cigarettes and have been marketed as a safer smoking alternative. But a 2009 analysis by the U.S. Food and Drug Administration found that the products contain other carcinogens and toxic chemicals, including chemicals used in antifreeze.
The World Health Organization says e-cigarettes have not been scientifically proven to be safe and advises consumers to not use these products. The FDA announced last week it will place new regulations on the sale of these products because of health concerns to children.
Gov. Peter Shumlin on Wednesday said he supports the tamper-proof packaging amendments.
“Any time we can keep e-cigarettes away from kids we’re heading in the right direction,” Shumlin said at an unrelated news conference Wednesday. The governor opposed placing a tax on the products earlier this session, suggesting the science was not conclusive and that the devices might help some people quit smoking.
Lobbyist Andrew MacLean, who represents e-cigarette maker Reynolds American Inc., said his client does not object to the amendment.
Reynolds makes prefilled, individually wrapped e-cigarettes, not the reusable type filled with the liquid nicotine in bottles that legislators displayed in the House and Senate on Wednesday.
“We’re fine with it, it’s just we don’t think there’s a real risk for children to get involved with this because it’s filled and resealed,” MacLean said.
MacLean said he will lobby for an exemption for sealed, single cartridges.
Toxics Regulation Bill Clears House
The House amendment came as the House gave final approval to a bill that would allow the Vermont Department of Health to regulate chemicals found in children’s products sold in the state.
Public health advocates said the bill protects children from harmful health effects linked to exposure to toxic chemicals, including cancer, developmental disorders, reproductive issues and asthma.
“This bill will give Vermonters more information on where toxic chemicals are being used, and since no parent should have to shop their way around dangerous products, the program will ultimately lead to safer, healthier children’s products on our store shelves,” Lauren Hierl, political director for the Vermont Conservation Voters, said in a statement Tuesday.
However, they say the bill should go further to protect consumers of all ages and cover a wider range of products. The bill requires the health department to report back to lawmakers whether to expand the program to other consumer products.
Manufacturers opposing the bill say the regulation would place additional costs on businesses to test for a wide range of chemicals in their products that may be harmless in small amounts. The bill requires manufacturers to pay a biennial $200 fee to report chemicals to the health department.
The health department, which supports the bill, would report back to lawmakers with a budget for the program next year.
