PolicyBrief
S. 289
119th CongressMar 12th 2025
Youth Poisoning Protection Act
AWAITING SENATE

This Act bans consumer products containing 10% or more by weight of sodium nitrite as hazardous substances, excluding FDA and USDA regulated items.

Tammy Duckworth
D

Tammy Duckworth

Senator

IL

LEGISLATION

Youth Poisoning Protection Act Bans Consumer Products with 10%+ Sodium Nitrite Concentration

The newly proposed Youth Poisoning Protection Act is straightforward: it targets highly concentrated sodium nitrite in consumer products and makes them illegal hazards. Specifically, any consumer product containing 10 percent or more sodium nitrite by weight will now be treated as a banned hazardous product under Section 8 of the Consumer Product Safety Act (SEC. 2). This means the Consumer Product Safety Commission (CPSC) gets the green light to pull these specific items off store shelves starting 90 days after the Act becomes law. The core purpose here is consumer safety—getting a potentially lethal chemical out of the hands of the general public.

The 10% Line: What Gets Banned and What Doesn't

This bill uses a clear line in the sand—that 10% concentration mark—to define a “high concentration of sodium nitrite” (SEC. 2). Think of sodium nitrite as a chemical that, when highly concentrated, poses a serious risk if accidentally (or intentionally) ingested. By treating these high-concentration products as banned hazardous goods, the legislation allows for quick regulatory action. For manufacturers, this means any product they sell directly to consumers that crosses that 10% threshold must be reformulated or removed from the consumer market entirely.

Crucially, the Act is not trying to shut down industrial operations or mess with your cured meats. The ban specifically excludes products used for commercial or industrial purposes that aren’t distributed to consumers. More importantly, it carves out a massive exemption for anything already regulated by the Food and Drug Administration (FDA) or the USDA. This means your bacon, hot dogs, drugs, medical devices, and cosmetics—all of which might contain sodium nitrite—are safe from this ban because they fall under existing, specific regulatory frameworks (SEC. 2).

Real-World Impact: Closing a Safety Loophole

For most people, this bill won't change anything about their daily shopping. They won't notice a difference in the grocery store or pharmacy, thanks to the FDA/USDA exclusions. The real impact is aimed at closing a specific safety loophole: highly concentrated sodium nitrite is currently sold online and in certain specialty stores, sometimes marketed in ways that make it easily accessible to those who might use it for self-harm or accidental poisoning. This legislation directly targets those specific retail sales.

For a small business that sells specialty chemical kits or highly concentrated cleaning agents, they need to check their formulas. If their consumer-facing product contains 10% or more sodium nitrite, they must stop selling it or reduce the concentration to below the mandated level. The CPSC, which usually handles things like faulty toys and dangerous household items, now has clear authority to enforce this ban, focusing its efforts on these specific chemical products that fall outside the typical food and drug safety nets. The clarity of the 10% threshold helps everyone—regulators and businesses alike—know exactly where the new boundaries lie.