S. 289: Youth Poisoning Protection Act

Introduced Jan 29, 20253 cosponsors

Sponsor

Tammy Duckworth

Tammy Duckworth

Democrat · IL

Concentrated sodium nitrite shouldn't be a click away

4 min readLast updated October 1, 2026

Why it matters

Any consumer product that is 10% or more sodium nitrite by weight would become a banned hazardous product 90 days after S. 289 becomes law. Food, medicine, cosmetics, and industrial supply are left alone — the bill targets only what is sold to the public as an ordinary consumer good.

S. 289 is short enough to read in a minute, and the Senate has already passed it. Any consumer product that is 10% or more sodium nitrite by weight would become a banned hazardous product, which under existing consumer-safety law means it could not be sold, made for sale, distributed, or imported for the consumer market.

The bill does not build a new enforcement system. It places these products in a category that already exists in federal consumer-safety law, the one used for products taken off the consumer market. The Consumer Product Safety Commission administers that law.

What you eat and what your doctor prescribes are outside the ban. The bill exempts anything that meets the federal definition of food — it names meat, poultry, and eggs, and the products made from them — along with drugs, medical devices, and cosmetics. Sodium nitrite is widely used to cure meat, and that use is not affected.

Business supply is also protected. The bill says it does not prohibit commercial or industrial uses where concentrated sodium nitrite is not customarily made or sold for consumers.

The timeline is short: the ban takes effect 90 days after the bill becomes law. For sellers, everything turns on whether a product counts as a consumer product — the same chemical is legal when it moves through industrial supply and banned when it is sold to the public.

The bill contains no findings section and no statistics. Its title and its one-line statement of purpose — to ban the sale of high-concentration sodium nitrite products to individuals — are the only explanation in the text.

Bill Progress

IntroducedJan 29
Committee 
Pass SenateAug 3
Pass House 
Signed 
Law 

Latest Action · Aug 10, 2026

1/3

Passed the Senate, received in House

S. 289 Bill Summary

What S. 289 actually does.

1

Products at 10% or more leave the consumer market

A consumer product containing 10% or more sodium nitrite by weight would be treated as a banned hazardous product under federal consumer-safety law.

2

Sellers get 90 days

The ban takes effect 90 days after the bill becomes law. Stores, online sellers, and manufacturers would need to stop consumer sales of covered products by then.

3

Food stays legal, including cured meat

The bill does not apply to anything that meets the federal definition of food. It specifically names meat, poultry, and eggs, and the products made from them.

4

Medicine, medical devices, and cosmetics are exempt

Products that meet the federal definitions of a drug, a device, or a cosmetic are outside the ban.

5

Industrial and commercial supply continues

The bill says it does not prohibit commercial or industrial purposes where high-concentration sodium nitrite is not customarily produced or distributed for consumers.

6

No new agency or program

S. 289 uses the existing category of banned hazardous products rather than creating a new enforcement system. The Consumer Product Safety Commission administers that law.

Who benefits from S. 289?

Parents and caregivers of teenagers

The bill is titled the Youth Poisoning Protection Act. If it becomes law, a product that is 10% or more sodium nitrite could no longer be sold to your household as an ordinary consumer purchase, in a store or online.

Retailers and online marketplaces that want a clear rule

The bill sets one federal threshold — 10% by weight — for deciding which sodium nitrite products cannot be sold to consumers, instead of leaving each seller to draw its own line.

Meat processors, food makers, and people who cure meat at home

The food exemption is written into the bill and names meat, poultry, and egg products. Sodium nitrite used in food stays outside the ban.

Who is affected by S. 289?

Companies selling concentrated sodium nitrite to the public

If you sell a consumer product that is 10% or more sodium nitrite by weight, you would have 90 days to reformulate it below the threshold, move it out of consumer channels, or stop selling it.

Online marketplaces and store operators

You would need to identify covered listings and inventory and remove them from consumer sale before the 90-day deadline.

Consumers who buy these products today

You could no longer buy high-concentration sodium nitrite as a consumer product. Products that qualify as food, drugs, devices, or cosmetics would remain available.

Industrial and chemical suppliers

Your sales are exempt as long as the product is not customarily produced or distributed for consumers. The bill does not spell out how a supplier shows that, so where a product is sold and to whom is likely to matter.

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On the Record

What Congress Is Saying

S. 289 has come up 13 times in the Congressional Record so far.

S. 289 also appeared in 2 more Senate floor references and 3 routine cosponsor filings.

S289 Legislative Journey

5 actions

House: Action Taken

Aug 10, 2026

Held at the desk.

Passed 4411-4412

Aug 3, 2026

4411-4412

Passed Senate without amendment by Voice Vote. (consideration: CR S4411-4412; text: CR S4411-4412)

+1 more action this day

Committee Action

Jul 29, 2025

119-49

Committee on Commerce, Science, and Transportation. Reported by Senator Cruz without amendment. With written report No. 119-49.

Passed Committee

Mar 12, 2025

Committee on Commerce, Science, and Transportation. Ordered to be reported without amendment favorably.

Committee Action

Jan 29, 2025

Read twice and referred to the Committee on Commerce, Science, and Transportation.

About the Sponsor

Tammy Duckworth

Tammy Duckworth

Democrat, IL · 13 years in Congress

Committees: Commerce, Science, and Transportation, Veterans' Affairs, Foreign Relations

View full profile →

Cosponsors (3)

No new cosponsors in 594 days — momentum stalled

This bill has 3 cosponsors: 1 Democrat, 2 Republicans, reflecting bipartisan support. Cosponsors represent 3 states: Ohio, Utah, Wisconsin.

1Democrat2Republicans·3 statesBipartisan

Committee Sponsors

Commerce, Science, and Transportation Committee

13D15R
|3 signed25 not yet

3 of 28 committee members cosponsored

12 Democrats across this committee haven't cosponsored yet. Mobilize their constituents

S. 289 Quick Facts

Cosponsors
3
John Curtis
Bernie Moreno
Tammy Baldwin
Committee
Commerce, Science, and Transportation
Chamber
Senate
Policy
Commerce
Introduced
Jan 29, 2025

Passed the Senate, received in House

Aug 10, 2026

Constituent Resources

Get notified when this bill moves

Official Sources

S. 289 on Congress.gov

Official bill page with the full text, sponsors, and every action on the Youth Poisoning Protection Act, including Senate passage on August 3, 2026.

CBO Cost Estimate for S. 289

The Congressional Budget Office's July 2025 estimate of what the ban would cost the federal government and the sellers it covers.

Senate Report 119-49 on the Youth Poisoning Protection Act

The Senate Commerce Committee's written report on S. 289, filed when the committee sent the bill to the full Senate without amendment.

15 U.S.C. 2057 — Banned Hazardous Products

The section of the Consumer Product Safety Act that S. 289 places high-concentration sodium nitrite products under.

15 U.S.C. 2052 — Consumer Product Safety Act Definitions

Defines "consumer product," the term that decides whether a sodium nitrite product is covered by the ban or treated as industrial supply.

21 U.S.C. 321 — Food, Drug, Device, and Cosmetic Definitions

The federal definitions of food, drug, device, and cosmetic that S. 289 uses to set its exemptions.

CPSC Statutes

The Consumer Product Safety Commission's guide to the laws it enforces, including the Consumer Product Safety Act that S. 289 relies on.

CDC Special Report on Sodium Nitrite-Related Suicides

A June 2024 CDC report on deaths involving sodium nitrite and the role of online purchase availability, the public health background the bill text leaves out.

S. 289 Common Questions

What does S. 289 actually ban?

Consumer products that are 10% or more sodium nitrite by weight. S. 289 would classify them as banned hazardous products, so they could no longer be sold to the public as ordinary consumer goods.

Would S. 289 ban curing salt or sodium nitrite in food?

No. The bill exempts anything that meets the federal definition of food, and it names meat, poultry, and eggs and the products made from them. Whether a specific product counts as food depends on how it is made and sold.

Are drugs, medical devices, and cosmetics exempt?

Yes. Anything that meets the federal definition of a drug, a medical device, or a cosmetic is outside the ban, even if it is 10% or more sodium nitrite.

Can businesses still buy sodium nitrite for industrial use?

Yes. The bill says it does not prohibit commercial or industrial purposes where high-concentration sodium nitrite is not customarily produced or distributed for consumers. The ban covers consumer products only.

When would the sodium nitrite ban take effect?

90 days after the bill is signed into law. Nothing changes until then, and nothing changes at all unless the House also passes it and the President signs it.

Has S. 289 passed Congress?

Halfway. The Senate passed S. 289 by voice vote, without amendment, on August 3, 2026. The House received it on August 10, 2026 and is holding it at the desk. It still needs a House vote and the President's signature.

Who would enforce the ban?

The bill does not create a new enforcer. It puts covered products in the banned hazardous product category of the Consumer Product Safety Act, which the Consumer Product Safety Commission administers.

Would online marketplaces have to remove listings?

For covered products, yes. Once the 90 days are up, a product that is 10% or more sodium nitrite could not be offered to consumers, whether the seller is a store or an online marketplace.

Based on S. 289 bill text

S. 289 Bill Text

“To ban the sale of products with a high concentration of sodium nitrite to individuals, and for other purposes.”

Source: U.S. Government Publishing Office

Bill Alerts

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