Bill would require vape child safety locks

Electronic smoking devices sold in Nebraska would be required to include built-in child safety features under a bill considered by the Judiciary Committee Feb. 26.

Under LB1254, introduced by Lincoln Sen. Eliot Bostar, selling devices manufactured after the bill’s effective date without such features would be unlawful and classified as a Class IV misdemeanor, punishable by up to a $500 fine.

Bostar said young children can easily activate unprotected vape devices by inhaling from them, exposing themselves to nicotine and other toxic chemicals. The measure would not ban vaping products or change age limits, he said, but would require basic child-safety protections similar to those used for other products such as medications, cleaning products and lighters.

“If these products are going to be sold in our state, they should incorporate basic mechanical safeguards to prevent unintended use by young children,” Bostar said.

Lancaster County Commissioner Matt Schulte testified in support of the proposal, saying the county supports policies that promote community health and reduce long-term government costs.

The Lincoln-Lancaster County Health Department, the Lancaster County Sheriff’s Office and the Lincoln Police Department conduct annual compliance checks to prevent the sale of tobacco and vape products to minors, Schulte said, describing LB1254 as a logical extension of those efforts.

Brooke Fullerton also testified in support of the proposal, speaking as a parent, foster parent and professional who works with pregnant and parenting teens and supervises family visitations.

Fullerton said many vape products are sold in child-resistant packaging, but most disposable devices lack built-in safety locks. Additionally, she said, many devices are brightly colored, flavored and designed with lights or screens that can appeal to children, increasing the likelihood that they will pick them up and mimic how adults use the devices.

Stacy Alexander, owner of E-Titan Vapors, testified in opposition to the bill.

Alexander said his business has long worked to keep vape products out of minors’ hands, implementing ID policies before they were required and supporting creation of the state’s electronic nicotine delivery systems registry, which took effect Jan. 1.

The industry is still adjusting to that system and undergoing audits, he said, and LB1254 could create confusion regarding compliance, force manufacturers to seek reapproval for products already on the registry and further disrupt retail operations.

“It would probably be more appropriate for the [U.S.] Food and Drug Administration to develop standards for manufacturers on the federal level, rather than [creating] a state-to-state patchwork of regulations,” Alexander said.

The committee took no immediate action on the bill.