Congress Examines Cough Medicine Abuse

NACS is working to ensure there are no unnecessary compliance burdens placed on retailers.

April 22, 2016

WASHINGTON – On Wednesday, the House Energy and Commerce Subcommittee on Health considered and approved a package of bills addressing drug abuse and addiction. While most of the legislation was targeted at opioid and heroin addiction, one bill passed by the subcommittee seeks to address the abuse of cough medicine by minors.

Many common cough and cold medicines contain dextromethorphan (DXM), with some estimates putting the number of over-the-counter (OTC) products in excess of 120. These products include versions of Tylenol Cough and Cold, Robitussin, Sudafed, Theraflu and Vicks, among others, and they can come in the form of liquids, capsules, gel caps, tablets and lozenges.

Originally approved in the 1950s, DXM is thought to be the most widely used cough suppressant in the United States. Millions of individuals use OTC products containing DXM every year to treat common cough and cold symptoms. However, many teens have started taking these products in excess quantities to produce a high. Excess DXM consumption can lead to various health problems and even death, and the teen abuse epidemic is believed to be prevalent due to the easier nature of acquiring these products as opposed to prescription drugs. In the absence of federal laws, at least 10 states have enacted legislation to restrict sales of DXM to individuals under the age of 18.

To address the abuse of DXM products by teenagers and youth, Reps. Bill Johnson (R-OH) and Doris Matsui (D-CA) introduced H.R. 3250, the “DXM Abuse Prevention Act.” The legislation would ban the sale of any drug containing DXM to an individual under the age of 18 unless accompanied by a prescription.

The legislation requires retailers to verify the age of any individual purchasing DXM products if they are under the age of 26 and to verify compliance with the law either through training manuals, signage in the store, or electronic point-of-sale systems coded to prompt for verification of age for DXM sales. A retailer’s failure to comply with the law could lead to civil penalties upon repeat violations.

The legislation was approved by the subcommittee by voice vote and could see full committee action as early as next week. Committee Chairman Fred Upton (R-MI) expressed his hope that the full package of drug abuse legislation could reach the House floor in May. NACS is working closely with committee staff to ensure there are no unnecessary burdens placed on retailers when complying with the legislation, should it be enacted.

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