Requires lithium batteries of less than one inch in diameter and products containing such batteries to be labeled with warnings related thereto

A new subdivision 4 of section 490-c of the general business law states all lithium batteries of less than one inch in diameter sold in this state, or used in products sold in this state, shall have printed upon them the following language "WARNING: This is a lithium battery, which if swallowed has been known to cause death."

Section 2 states the Department of Health shall promulgate any rules and regulations necessary to implement the provisions of this act.

Section 3 establishes an effective date on the one hundredth eightieth day after it shall have become law.

Justification

Button sized lithium batteries are often found in many products that area appealing to children including musical greeting cards, calculators, hearing aids, remote controls, small LED flashlights, talking children's books, laptops and I PADS, remote car keys, watches, various electronic toys, some magnets, various video games, solar or electronic candles small PDA devices and digital thermometers just to name a few. Due to their small size and shiny nature, these tiny batteries are often appealing to a young child's eye, often mimicking candies and can easily fit into small mouths.

Research recently published by the Journal of Pediatrics suggests that life threatening circumstances via ingestion by small children is an increasingly common problem. There have been more than 65,000 emergency department visits involving kids who had ingested batteries over the past 20 years, 40,000 of those cases occurring from 1997-2010.

If a lithium battery stays lodged in the esophagus for more than two hours, the battery can erode through the soft tissue of the esophagus and cause a hole, which can lead to internal bleeding and prove to be fatal, with death occurring merely hours after ingestion. Children who survive often face serious health issues such as permanent paralysis of the vocal chords and can burn through the cartilage in the nose or inner ear, causing hearing lost and difficulty breathing. The National Capital Poison Center in Washington, D.C. has done extensive research and a 1985-2009 study found a seven fold increase in the percentage of button battery ingestions with major or fatal outcomes.

Often times, ingestion of these batteries goes entirely unnoticed by a caregiver and by the time a medical team makes the discovery, it can be too late. Children may vomit, refuse food, become listless and develop a fever or cough. Children under four years of age are at the greatest risk, because these batteries can often appear "invisible" to parents because devices come with the batteries already installed. X-rays are essential for a diagnosis and should include the child's entire body from the nose to the rectum.

The most recent death was that of two year old Brianna Florer, who lived in Tulsa, Oklahoma. She died on December 28, 2015, three days after having swallowed a button sized lithium battery. Doctors told the family the battery lodged in Brianna's esophagus and caused her to bleed badly. Surgeons tried, but couldn't stop the bleeding. The family says there were no signs of any issues until Brianna started throwing up blood the night of December 27th.

The National Consumer Product Safety Commission warns against keeping these dangerous batteries from within reach of small children.

Legislative history

A new bill.

Fiscal implications

None to the state

Effective date

This act shall take effect on the one hundredth eightieth day after it shall have become law.