Warn of E-Cig Explosion Risk

Section two amends the General Business Law to add a new section 398-f requiring all electronic cigarette packages contain a warning label.

Section three provides the effective date.

Justification

As the number of individuals, including teens, using e-cigarettes continues to climb, more and more reports of the products exploding has resulted in additional concerns arising over the safety of these products when used by consumers. According to the FDA, from 2011 to 2015, e-cigarette use rose from 1.5 percent to 16 percent among high school students and has increased among the general population as well. Given the lack of regulations relating to e-cigarettes, their chemical composition continues to raise safety concerns and the use of nicotine, especially among teens, often leads to e-cigarettes use as a gateway or supplement to traditional cigarettes. Adding to these safety concerns, multiple individuals have been seriously injured as a result of using e-cigarettes when they suddenly blow up.

An Idaho man was seriously injured after an e-cigarette exploded in his mouth, scorching his skin and knocking out seven of his teeth. The man said he was vaping before going to work when the device suddenly blew up. The father of three was rushed to intensive care at his local hospi- tal, where doctors had to remove chunks of plastic from his throat and lips. Another example of the potential dangers of e-cigarettes involved a worker at a wine store in Manhattan that suffered burns to his hand and leg after an e-cigarette caught fire in his pocket. The man was taken by private ambulance to a local hospital where he was admitted to the burn unit for treatment and would require surgery.

According to the U.S. Fire Administration, the shape and construction of e-cigarettes can make them more likely than other products with lithi- um-ion batteries to behave like 'flaming rockets' when a battery fails. The FDA's Center for Tobacco Products identified 137 reported incidents of e-cigarette overheating, fires and explosions from 2009 to 2015 and received 20 reports of e-cigarette' s overheating, catching fire or exploding in 2016. It is important to note that the adverse experience reporting that has been received by the FDA is an underestimate of actu- al events.

Moreover, an American Airlines flight had to be diverted and forced to make an emergency landing after a passenger's electronic cigarette malfunctioned and caused a fire. Similarly, Delta Air Lines reported a delay in take off after an e-cigarette started a small fire on board the plane. As a result, in 2016, the U.S. Department of Transportation prohibited airline passengers and crew members from carrying battery- powered portable electronic smoking devises in checked baggage, and from using or charging the devices aboard aircraft.

Recently, the Navy announced that it is banning electronic cigarettes and vaporizers from its aircraft, ships and submarines after receiving multiple reports of the devices' batteries exploding, catching fire and injuring sailors. Eight of the incidents recorded by the Naval Safety Center occurred aboard ships or aircraft, and in one incident, an aircraft had to return to base because e-cigarette batteries were creat- ing smoke in the cargo section. Notably, in one case, a battery melted through the pocket of a sailor in a submarine and ignited after it hit the deck. In four other cases, the failures occurred when a service member was actively using one of the devices, and on two of those occa- sions, the explosion occurred in the user's mouth. Those who had devices in their mouths suffered facial, bodily and dental injuries requiring continued treatment.

With the number of incidents continuing to rise, it is important to provide consumers with a warning about the potential of the products to explode or catch fire and cause grave injury to users. This legislation would require all e-cigarette packages contain a warning label that explicitly warns users of the potential for the product to explode, catch fire or overheat.

Legislative history

2017-18: 5.5590 (Hannon) - Died in Rules

Fiscal implications

None to the State.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law.