S. Rept. 119-49 - YOUTH POISONING PROTECTION ACT119th Congress (2025-2026)
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Report Type:Senate Report
Accompanies:S.289
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Senate Commerce, Science, and Transportation Committee
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Calendar No. 132
119th Congress } { Report
SENATE
1st Session } { 119-49
_______________________________________________________________________
YOUTH POISONING PROTECTION ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 289
July 29, 2025.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2025
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred nineteenth congress
first session
TED CRUZ, Texas, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROGER F. WICKER, Mississippi AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
TODD YOUNG, Indiana TAMMY DUCKWORTH, Illinois
TED BUDD, North Carolina JACKY ROSEN, Nevada
ERIC SCHMITT, Missouri BEN RAY LUJAN, New Mexico
JOHN CURTIS, Utah JOHN W. HICKENLOOPER, Colorado
BERNIE MORENO, Ohio JOHN FETTERMAN, Pennsylvania
TIM SHEEHY, Montana ANDY KIM, New Jersey
SHELLEY MOORE CAPITO, West Virginia LISA BLUNT ROCHESTER, Delaware
CYNTHIA M. LUMMIS, Wyoming
Brad Grantz, Majority Staff Director
Lila Harper Helms, Democratic Staff Director
Calendar No. 132
119th Congress } { Report
SENATE
1st Session } {119-49
======================================================================
YOUTH POISONING PROTECTION ACT
_______
July 29, 2025.--Ordered to be printed
_______
Mr. Cruz, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 289]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 289) to ban the sale of
products with a high concentration of sodium nitrite to
individuals, and for other purposes, having considered the
same, reports favorably thereon without amendment and
recommends that the bill do pass.
PURPOSE OF THE BILL
The purpose of S. 289 is to ban the sale of any consumer
product containing a concentration of 10 or more percent by
weight of sodium nitrite.
BACKGROUND AND NEEDS
Sodium nitrite is a widely used chemical salt used in low
concentrations to preserve and cure meat and fish.\1\ Consumers
commonly use sodium nitrite for personal meat preservation--
generally with curing salts that contain 6.25 percent sodium
nitrite concentration.\2\ Commercially, sodium nitrite is also
used as a chemical reagent used in dye and pigment
manufacturing, as a metal coating and corrosion inhibitor, and
in pharmaceuticals including as a treatment for vasodilation
and cyanide poisoning.\3\
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\1\Susannah Frame, ```They Failed The Families': Amazon Missed
Multiple Chances to Stop Selling Chemical Used in Suicides on Its
Website,'' King 5 News, August 13, 2024 (https://www. king5.com/
article/news/investigations/investigators/amazon-missed-multiple-
opportunities-to-pull-chemical-used-in-suicides-from-its-website/281-
92592431-9d98-4917-a447-f5adae3d2815).
\2\National Center for Home Food Preservation, Cure Smoke Review
Curing Foods, University of Georgia (https://nchfp.uga.edu/
publications/nchfp-publications/literature-reviews/cure-smoke-review-
curing-foods).
\3\National Center for Biotechnology Information, PubChem Compound
Summary: Sodium Nitrite, CID 23668193, last modified April 19, 2025
(https://pubchem.ncbi.nlm.nih.gov/
compound/Sodium-Nitrite).
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Although sodium nitrite has many important uses, it can be
lethal to consume--even at low concentrations.\4\ Since 2017,
the National Poison Data System has shown an increase in self-
poisonings by use of sodium nitrite.\5\ Sodium nitrite is
inexpensive and sold online, making it easily accessible.\6\
Just one teaspoon of sodium nitrite can be lethal and effects
are felt quickly due to its high water solubility, making it
more deadly than other poisons.\7\
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\4\Giuseppe Davide Albano et al., ``Systemic Review of Fatal Sodium
Nitrite Ingestion Cases: Toxicological and Forensic Implications,''
Toxics, vol. 12 (2024), no. 12 (https://www.mdpi.com/2305-6304/12/11/
819).
\5\Sean D. McCann, Marit S. Tweet, and Michael S. Whal, ``Rising
Incidence and High Mortality in Intentional Sodium Nitrite Exposures
Reported to US Poison Centers,'' Clinical Toxicology, vol. 59 (March
31, 2021), no. 12, pp. 1264-1269 (https://www.tandfonline.com/doi/full/
10.1080/15563650.2021.1905162).
\6\Jae Chol Yoon and So Eun Kim, ``Suicide Attempt Using Sodium
Nitrite Ordered on the Internet: Two Case Reports,'' Medicine, vol. 101
(July 15, 2022), no. 28 (https://journals. lww.com/md-journal/fulltext/
2022/07150/suicide_attempt_using_sodium_nitrite_ordered_on.28 .aspx);
see also supra no. 5 at p. 1266.
\7\Ibid.
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A 2021 investigation by the New York Times into an online
suicide forum found not only that sodium nitrite was becoming
popular for self-poisoning, but that online suicide forums were
anonymously providing suicide kits or detailed instruction on
how to obtain and how to die using substances like sodium
nitrite.\8\ Because high concentrations were so easily
available on e-commerce sites, including Amazon, which
previously sold sodium nitrite at 99 percent purity, it was
relatively easy for youth to obtain the ingredients and follow
the suicide instructions.\9\ Due to an increased awareness
campaign on the use of sodium nitrite for suicide, several
online retailers have removed the substance for purchase from
their online marketplaces.\10\
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\8\Megan Twohey and Gabriel J.X. Dance, ``Where the Despairing Log
On, and Learn Ways to Die,'' The New York Times, December 9, 2021
(https://www.nytimes.com/interactive/2021/12/09/us/where-the-
despairing-log-on.html).
\9\Ibid.
\10\Supra no. 1; Megan Twohey and Gabriel J.X. Dance, ``Lawmakers
Press Amazon on Sales of Chemical Used in Suicides,'' The New York
Times, February 4, 2022 (https://www.nytimes.com/2022/02/04/technology/
amazon-suicide-poison-preservative.html).
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This legislation would classify consumer products
containing a high concentration of sodium nitrite as a banned
hazardous product, which would prevent the product from being
sold in physical and online stores. There is no intent to
affect commercial or industrial uses. The legislation would
define a high concentration of sodium nitrite as concentration
of 10 percent or more by weight of sodium nitrite.
SUMMARY OF PROVISIONS
S. 289 would require consumer products with high-
concentration sodium nitrite--defined as concentration over 10
percent by weight of sodium nitrite--to be considered banned
hazardous products in the Consumer Product Safety Act.\11\
Commercial or industrial uses would not be impacted.
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\11\15 U.S.C. 2057.
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LEGISLATIVE HISTORY
S. 289, the Youth Poisoning Protection Act, was introduced
on January 29, 2025, by Senator Duckworth (for herself and
Senators Curtis and Moreno) and was referred to the Committee
on Commerce, Science, and Transportation of the Senate. Senator
Baldwin is an additional cosponsor. On March 12, 2025, the
Committee met in open Executive Session and, by voice vote,
ordered S. 289 to be reported favorably without amendment.
118th Congress
S. 2233 was introduced on July 11, 2023, by Senator
Duckworth (for herself and Senator Vance) and was referred to
the Committee on Commerce, Science, and Transportation of the
Senate. On July 31, 2024, the Committee met in open Executive
Session and, by voice vote, ordered S. 2233 to be reported
favorably with an amendment (in the nature of a substitute).
Senator Collins was later added as a cosponsor.
H.R. 4310, a House companion bill, was introduced on June
22, 2023, by Representative Lori Trahan (for herself and
Representatives Carey, Porter, and Stewart) and was referred to
the Committee on Energy and Commerce of the House of
Representatives. Representatives Clarke, Neguse, Soto, Caraveo,
and Maloy became additional cosponsors. On December 6, 2023,
that Committee met in open Executive Session, and H.R. 4310 was
ordered to be reported by a vote of 42-0. On May 15, 2024, the
House passed H.R. 4310 under suspension of the rules by a
recorded vote of 376-33.
ESTIMATED COSTS
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
Summary of legislation: On March 12, 2025, the Senate
Committee on Commerce, Science, and Transportation ordered
reported 14 bills. This document provides estimates for 3 of
those bills. One bill, S. 414, was reported on June 24, 2025.
S. 289 would ban the sale of certain products covered by
the Consumer Product Safety Act and S. 389 would require the
Consumer Product Safety Commission (CPSC) to adopt voluntary
safety standards for lithium-ion batteries. S. 414 would
require digital advertising platforms to report annually to the
Federal Trade Commission (FTC).
Estimated Federal cost: The costs of the legislation fall
within budget functions 370 (commerce and housing credit) and
550 (health).
Basis of estimate: For this estimate, CBO assumes that each
bill will be enacted near the end of fiscal year 2025 and that
the estimated amounts will be available each year. The cost
estimate does not include any effects of interactions among the
bills. If all three bills were combined and enacted as a single
piece of legislation, the effects could be different from the
sum of the separate estimates, although CBO expects that any
differences would be small.
S. 289, the Youth Poisoning Protection Act, would ban the
sale of products containing 10 percent or more by weight of
sodium nitrite that are covered under the Consumer Product
Safety Act. The legislation would not affect the sale or use of
commercial or industrial products not ordinarily intended for
consumer use or consumption.
Using information from the Consumer Product Safety
Commission, CBO estimates that implementing S. 289 would cost
$2 million over the 2025-2030 period; any related spending
would be subject to the availability of appropriated funds.
S. 389, the Setting Consumer Standards for Lithium-Ion
Batteries Act, would require the Consumer Product Safety
Commission within 180 days of enactment, to adopt certain
voluntary safety standards--specifically ANSI/CAN/UL 2271,
2849, and 2272--concerning rechargeable lithium-ion batteries
used in electric bicycles, scooters, and other micromobility
devices. The bill also would require the CPSC to determine the
applicable scope of covered consumer products and to monitor
and evaluate future revisions to the voluntary standards and
report to the Congress within five years of enactment.
Using information from the CPSC, CBO estimates that
implementing S. 389 would cost $8 million over the 2025-2030
period; any related spending would be subject to the
availability of appropriated funds.
S. 414, the ADS for Mental Health Services Act, would
require certain digital advertising platforms to report
annually to the Federal Trade Commission about advertising on
their platforms for certain mental health services, including
information on the number, percent, and dollar value of such
advertisements. Platforms that would be affected by the bill
include social media platforms, public facing websites, online
services, and mobile applications with more than 100 million
unique monthly users. The bill also would require the FTC to
report annually to the Congress summarizing that data. CBO
estimates that enacting S. 414 would cost less than $500,000
over the 2025-2030 period. Any related spending would be
subject to the availability of appropriated funds.
Pay-as-you-go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. None of the bills would affect direct spending or
revenues; thus, pay-as-you-go procedures do not apply.
Increase in long-term net direct spending and deficits: CBO
estimates that enacting S. 289, S. 389 and S. 414 would not
increase net direct spending or deficits in any of the four
consecutive 10-year periods beginning in 2036.
Mandates: All three bills would impose private-sector
mandates as defined in in the Unfunded Mandates Reform Act
(UMRA). None of the bills would impose intergovernmental
mandates.
S. 289, the Youth Poisoning Protection Act, would impose a
private-sector mandate as defined in UMRA by banning the sale
of consumer products containing 10 percent or more of sodium
nitrite by weight. The prohibition would not apply to
industrial uses or to food preservation. Because there is only
a small market for consumer products containing that much
sodium nitrite and some states already have curtailed the sale
of products containing sodium nitrite, CBO estimates that the
cost of the mandate would not exceed the private- sector
threshold established in UMRA ($206 million in 2025, adjusted
annually for inflation).
S. 389, the Setting Consumer Standards for Lithium-Ion
Batteries Act, would impose a private-sector mandate as defined
in UMRA by requiring manufacturers of electric mobility
devices, including bicycles and scooters, to comply with a
prospective Consumer Product Safety Commission safety standard
related to the risk of fire in lithium-ion batteries. Based on
voluntary compliance with the specified standard by domestic
manufacturers and current state and local laws requiring
compliance, CBO estimates that the cost of the mandate would
not exceed the annual private-sector threshold established in
UMRA ($206 million in 2025, adjusted annually for inflation).
S. 414, the ADS for Mental Health Services Act, would
require certain digital advertising platforms to report to the
FTC on their public service advertisements for mental and
behavioral health. That requirement would impose a private-
sector mandate as defined by UMRA. CBO estimates the cost of
the mandate would be small and not exceed the threshold
established in UMRA ($206 million in 2025, adjusted annually
for inflation) because the mandated entities generally already
possess or collect the information required to be reported
under the bill.
Estimate prepared by: Federal costs: Cyrus Ekland (for the
Consumer Product Safety Commission); Johnny Willing (for the
Federal Trade Commission). Mandates: Andrew Laughlin (for the
Consumer Product Safety Commission); Rachel Austin (for the
Federal Trade Commission).
Estimate reviewed by: Sean Dunbar, Chief, Low-Income Health
Programs and Prescription Drugs Cost Estimates Unit; Justin
Humphrey, Chief, Finance, Housing, and Education Cost Estimates
Unit; Kathleen FitzGerald, Chief, Public and Private Mandates
Unit; H. Samuel Papenfuss, Deputy Director of Budget Analysis.
Estimate approved by: Phillip L. Swagel, Director,
Congressional Budget Office.
REGULATORY IMPACT STATEMENT
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
Number of Persons Covered
S. 289 would prohibit the sale of consumer products
containing a high concentration of sodium nitrite. Therefore,
the number of persons covered is (1) manufacturers of consumer
products containing a high concentration of sodium nitrite; and
(2) sellers of consumer products containing a high
concentration of sodium nitrite.
Economic Impact
S. 289 is expected to have minimal economic impact.
Commercial or industrial uses of high concentration sodium
nitrite are permitted under this Act. Additionally, large
online retailers have already removed consumer products
containing a high concentration of sodium nitrite from their
websites for purchase.
Privacy
S. 289 would not have a significant impact on the privacy
rights of individuals.
Paperwork
S. 289 would not generate any additional paperwork.
CONGRESSIONALLY DIRECTED SPENDING
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This section would provide that the bill may be cited as
the ``Youth Poisoning Protection Act''.
Section 2. Banning of products containing a high concentration of
sodium nitrite
Subsection (a) would provide that any consumer product with
a high concentration of sodium nitrite shall be a banned
hazardous product under section 8 of the Consumer Product
Safety Act.\12\
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\12\15 U.S.C. 2057.
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Subsection (b) would create a rule of construction that
nothing in this section shall be construed to (1) prohibit
commercial or industrial purposes of high concentration sodium
nitrite that are not customarily produced or distributed for
sale to, or use or consumption by, or enjoyment of, a consumer;
and (2) apply to high concentration sodium nitrite that meets
the definition of the terms ``drug'', ``device'', or
``cosmetic'' (as defined in the Federal Food, Drug, and
Cosmetic Act\13\) or ``food'', including poultry, poultry
products, meat and meat food products, or egg and egg products.
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\13\21 U.S.C. 321.
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Subsection (c) would provide definitions: (1) the term
``consumer product'' has the same meaning given under section
3(a)(5) of the Consumer Product Safety Act;\14\ (2) the term
``high concentration of sodium nitrite'' means a concentration
of 10 or more percent by weight of sodium nitrite.
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\14\15 U.S.C. 2052.
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Subsection (d) would provide for the effective date of this
Act to be 90 days after enactment.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change to existing law.
