Anti-choking devices and the law

What’s the latest news on Anti-choking devices?

As of March 4, 2026, the FDA has authorized one anti-choking device (Life-Vac) for marketing and distribution in the U.S. However, this is classified as second line treatment, not first line treatment. First line treatment guidelines supported by AHA, ARC, HSI, and Colorado CPR & Safety Professionals are to use 5 back slaps followed by 5 abdominal thrusts if the back slaps fail to expel the object for adults and children. Infant choking first line procedures include 5 back slaps and 5 chest thrusts. Colorado CPR & Safety Professionals do not support the FDA’s decision to approve the Life-Vac for second line treatment and will not instruct its use during any of our CPR & First Aid classes.

The FDA is aware of reports describing problems with the use of anti-choking devices. These problems include failure to resolve a choking incident due to lack of suction, bruising around the face, lips, and mouth, and scratches in the back of the throat.

Established choking rescue protocols from the American Red Cross, American Heart Association, and Health and Safety Institute (HSI) have a high success rate and should be used during a complete airway block emergency. Using an anti-choking device may involve steps such as having to remove it from its packaging and assembling it before use. The time to complete these steps and use an anti-choking device could delay use of established rescue protocols.

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Does the Good Samaritan Act Protect Child Care Employees who render first aid?

In almost all on-the-clock scenarios, no—Colorado’s Good Samaritan Act does not protect child care employees when they render first aid to children in their care. [1, 2]

Under Colorado Revised Statutes Section 13-21-108, statutory immunity relies strictly on a lack of compensation and the absence of a pre-existing legal obligation. [1, 2]

The law disqualifies child care employees based on two legal standards:

1. The Compensation Exclusion

The statute explicitly states that protections apply only to someone who renders emergency care "without compensation." Because child care providers, teachers, and daycare workers are paid to supervise and protect children during their shifts, any first aid administered while on the clock is legally considered part of their compensated employment. [1, 2, 3]

2. Pre-Existing "Duty of Care"

Good Samaritan laws are designed for bystanders—people who have no prior relationship to the victim and have no legal obligation to step in. In contrast, child care workers stand in loco parentis (in place of the parent) while a child is at their facility. This creates a heightened, non-delegable legal duty of care to maintain a safe environment and provide necessary emergency assistance. You cannot claim bystander immunity for a person already under your professional charge. [1, 2]

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How Child Care Providers Are Actually Protected?

The lack of Good Samaritan protection does not mean child care employees are automatically sued whenever a child is hurt. Instead, protection comes from standard employment law and commercial insurance:

• Employer Indemnification (Respondeat Superior): Under Colorado law, if you act within the scope of your employment during a workplace emergency, your employer (the child care business or school) typically shoulders the primary civil liability for the outcome.

• The "Reasonable Person" Standard: To win a civil lawsuit against a facility or worker, a plaintiff must prove negligence—that you failed to act as a reasonably prudent, trained child care professional would in the same situation. If you follow standard first-aid protocols exactly as trained, it is incredibly difficult for a plaintiff to prove negligence, even if the medical outcome is poor.