Wisconsin Briefs from the Legislative Reference Bureau
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F Wisconsin Briefs from the Legislative Reference Bureau Brief 08−2 February 2008 ANTIFREEZE ANTIPOISONING ADDITIVES INTRODUCTION ever, not all poisonings involving these prod- Since 1995, several states have enacted ucts are accidental. Numerous suicides, and laws requiring the addition of denatonium some homicides, have been attributed to benzoate or another bittering agent to automo- drinking of antifreeze, and people have been tive antifreeze in order to prevent accidental known to cruelly kill dogs and cats by leaving poisonings of children and pets. Other states, out antifreeze-laced bait. It takes only one tea- and the federal government, have or are cur- spoon of ethylene glycol to kill a cat. rently considering similar legislation. No simi- A Solution. Denatonium benzoate, sold lar bills appear to have been introduced in Wis- under trade names such as Bitrex or Aversion, consin in the last 10 years. This brief discusses has been described as the most bitter substance the public safety issue of mandating antipoi- known. Small amounts of this nontoxic chemi- soning agents in toxic products, focusing on cal can make almost any product unbearably denatonium benzoate, the most commonly unpalatable to most humans and other mam- used additive. mals. It was accidentally discovered in 1958 by scientists at the Scottish firm Macfarlan Smith PREVENTING POISONINGS during research on local anesthetics (it is The Problem. Ethylene glycol is an related to lidocaine). Its potential to prevent extremely toxic liquid that is a prime ingredi- accidental poisonings soon became widely rec- ent in engine antifreeze. It tastes and smells ognized. First used in denaturing alcohol, sweet, which, when combined with the bright making it legally unfit for consumption, coun- coloring of most antifreeze products, makes it tries such as Great Britain, Germany, Australia, attractive to children and animals, with often and Japan mandated use of it or similar aver- deadly results. Methanol (methyl alcohol), the sive agents in potentially harmful household key component in windshield washer solu- products. tion, is also very hazardous. Although both Because of its proven effectiveness as a products are sold at retail with child-resistant consumption deterrent and the fact that it is not packaging, the danger comes when children known to pose any long-term health risks, are drawn to opened containers or when ani- denatonium benzoate was approved by the mals ingest them in situations like a driveway Federal Food and Drug Administration in 1963 spill. for use in consumer products. Since then, in A 2002 report of the American Association addition to antifreeze and windshield washer of Poison Control Centers reported over 6,000 fluid, many manufacturers have voluntarily cases of ingestion of these products that year, included it in numerous household items, such mostly by children, of which 40 were fatal. The as nail polish, paints, disinfectants and clean- American Veterinary Medical Association esti- ing fluids, rubbing alcohol, paints and var- mates that as many as 10,000 animals die each nishes, solvents, and pesticides. year from drinking spilled or discarded anti- Cost. The addition of 30 parts per million freeze and windshield washer solution. How- of denatonium benzoate is considered effec- Prepared by Dan Ritsche, Senior Legislative Analyst Reference Desk: (608) 266-0341 Web Site: www.legis.state.wi.us/lrb − 2 − LRB−08−WB−2 tive in discouraging consumption. One lead- representative of a manufacturer of toxic ing manufacturer reported that including this household products. minute concentration does not add signifi- The law is primarily enforced by actions cantly to the products’ price. A cost of less than brought by the Oregon Department of Human 3 cents per gallon of antifreeze or coolant was Services, and may result in a civil penalty not cited in a report accompanying federal legisla- to exceed $5,000 for each day of violation. In tion. Some companies add the bittering agent addition, any person may file a court case seek- to all of their antifreeze, which simplifies ing an injunction, punitive damages, and attor- national distribution, and some only in states ney fees. Manufacturers or sellers of products that require it. containing bittering agents are exempt from liability for personal injury or death or prop- OREGON: FIRST STATE LAW erty damage, provided the product contains In 1995, efforts that began with a citizen the aversive agent in a concentration approved activist concerned about animal and child anti- by the Poison Prevention Task Force. freeze poisoning resulted in Oregon becoming OTHER LEGISLATIVE ACTIVITY the first state to require the addition of an aver- States. In addition to Oregon, laws requir- sive agent to discourage ingestion of antifreeze ing the addition of denatonium benzoate in and windshield washer fluid. The law is in Sec- commercial containers of automotive anti- tions 431.870 through 431.915, Oregon Revised freeze liquid have been enacted by Arizona, Statutes. California, Maine, and New Mexico. Califor- In its “Legislative Findings,” the law states nia’s Business and Professions Code Section that adding aversive agents to toxic products 17582, enacted in 2002, permits substitution of in order to protect children and pets is another aversive agent if it meets or exceeds endorsed by the National Safety Council, the the effectiveness of denatonium benzoate. Illi- American Medical Association, and the Amer- nois, Maine, New York, and Ohio are consider- ican Association of Poison Control Centers. ing measures in the 2007-2008 legislative ses- Any listed toxic household product sold in the sion. Other states which have recently state and manufactured after July 1, 1993, must considered legislation include Alabama, Mas- include a bittering agent approved by the Poi- sachusetts, Missouri, Nevada, New Jersey, son Prevention Task Force in a concentration Pennsylvania, Tennessee, and Virginia. high enough to render it unpalatable. It specif- Federal Legislation. The U.S. Conference ically applied the law to antifreeze containing of Mayors in 2004 passed a resolution urging 10 percent or more ethylene glycol by weight Congress to protect children and animals by and windshield washer fluid containing four requiring denatonium benzoate as an additive percent or more methyl alcohol by weight. to antifreeze. The American Veterinary Medi- The Poison Prevention Task Force, created cal Association also called for a national stan- by the law, is a permanent body that meets as dard. Congress considered, but did not pass, necessary to perform duties such as making S. 1110 and H.R. 2567, the “Antifreeze Bittering recommendations regarding covered products Agent Act of 2005.” and poison prevention educational activities. During debate on the legislation, ques- The five members are the medical director of tions were raised regarding the effect of dena- the Oregon Poison Center (chair), the state tonium benzoate on the environment, any director of human services, and three members long-term health risks, and whether Congress appointed by the governor: a pediatrician, a should restrict states’ ability to use other chemist from an academic institution, and a options..