Bill would require child‑safety features on vape devices sold in Nebraska
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Summary
LB1254 would ban retail sales of electronic nicotine devices manufactured after the effective date that lack built‑in child‑safety features; proponents stressed toddler safety and product attractiveness to children, while industry warned of conflicts with the ENDS registry and federal preemption concerns.
Senator Elliot Bostar introduced LB1254 to require that electronic smoking devices sold at retail in Nebraska include a built‑in child safety feature; the bill makes sales of non‑compliant devices a class 4 misdemeanor.
Proponents described incidents in which young children accessed disposable, brightly colored devices and inhaled nicotine and cited public‑health and child‑safety rationales. Lancaster County Commissioner Matt Schulte said the requirement mirrors other product‑safety rules and would be a reasonable consumer‑safety step. Parent and foster parent Brooke Fullerton described a teenager who inhaled from a disposable device and urged protections for vulnerable children.
Opponents from the retail and vapor industry, represented by Stacy Alexander of eTitan Vapors, said the state implemented an ENDS registry and that the bill could require manufacturers to reapply to the registry or be removed; she raised federal regulatory and interstate‑commerce concerns and asked for clarity on what counts as a compliant "child safety feature." Senator Bostar responded that other states and countries have similar device‑level rules, and he said Nebraska could lead on the issue and be prepared to defend any constitutional challenges in court.
