Senate Bill S434

                                
 
BILL NUMBER: S434

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the general business law, in relation to child proofing
liquid detergent packets

 
PURPOSE OR GENERAL IDEA OF BILL:

To prevent accidental poisonings and injuries by establishing child
safety standards for liquid detergent packets.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill amends the general business law to add a new section 399-ggg.
Subdivision 1 defines "liquid detergent packets" to mean a consumer
product that consists of a liquid or gel detergent enclosed in a water
soluble outer layer and is designed to be placed in a washing machine;
defines "child-resistant wrapper" to mean an opaque covering of the
liquid detergent packet that is not easily permeated by a child's bite,
              

which has a uniform color that is not attractive to children; and
defines "package" to mean overall child-resistant stock keeping item
that contains liquid detergent packages.

Subdivision 2 requires liquid detergent packets to be sold in child-re-
sistant wrappers which are designed to prevent accidental exposure of
children to liquid detergent.

Subdivision 3 provides that any liquid detergent packets sold or offered
for sale must be designed in an opaque, uniform color that is not
attractive to children and is not easily permeated by a child's bite.

Subdivision 4 requires that each liquid detergent packet be enclosed in
a separate, individual, non-permeable, child-resistant wrapper contain-
ing a warning stating, "WARNING: HARMFUL IF PUT IN MOUTH OR SWALLOWED.
EYE IRRITANT. Keep out of reach of children."

Subdivision 5 requires every package of liquid detergent packets to
contain a readable and conspicuously placed warning label stating that
the products are harmful if swallowed or exposed to the eyes or skin and
directing consumers to keep the packets out of reach and sight of chil-
dren and contact a physician or poison control center immediately in
case of exposure.

 
JUSTIFICATION:

Over the past few years, there has been a rapid increase in accidental
poisonings from liquid detergent packets. The high concentration of
chemicals makes these products especially hazardous to small children,
who may be attracted to their bright colors or mistake them for candy.
From 2013-2015, there were over 49,000 reported cases of young children
ingesting or inhaling the contents of liquid detergent pods. These inci-
dents have had severe consequences, including seizures, cardiac and
respiratory arrest, vomiting blood, pulmonary edema, gastric burns,
coma, and even death.

In addition to small children, liquid detergent pods pose a risk to the
elderly and disabled and endanger household pets. There have been
several fatal accidents involving patients with dementia accidentally
ingesting the contents of detergent packets, and each year the ASPCA
Animal Poison Control Center receives numerous reports of severe injury
and death resulting from animals eating the pods.

In January 2018, a social media trend spread among teenagers known as
the "Tide Pod Challenge." This "viral" trend entailed posting online
videos of young adults biting into brightly colored liquid detergent
packets, choking, and spitting out the soap. This dangerous activity
underscores the need for stronger consumer protections to prevent the
ingestion of these packets.

It is critical that we take precautions to reduce exposure to these
toxic products and prevent life-threatening accidents. Current industry
recommendations for laundry pods include warning labels and childproof
containers, but these standards are not mandatory for manufacturers.
This legislation will bring the regulation of detergent packets in line
with other hazardous household products by requiring child-resistant
packaging and clear warning labels informing consumers of the dangers of
exposure. Additionally, the bill will require manufacturers to enclose
each packet in an individual wrapper and change the design of laundry
pods to make them less appealing to children. These common sense safety
measures will ensure these potentially lethal products are not easily
accessible to those most vulnerable.

 
PRIOR LEGISLATIVE HISTORY:

S.0100-A of 2017-2018 (Hoylman): Died in Consumer Protection
A.4646-A of 2017-2018 (Simotas): Died in Consumer Affairs & Protection
S.6468-A of 2016 (Hoylman): Died in Consumer Protection
A.8602-A of 2015-2016 (Simotas): Died in Consumer Affairs & Protection
(2015)/Died in Codes (2016)

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
180 days after it shall have become a law.