This bill revises requirements related to the safety, sale, and advertisement of tobacco products, including electronic nicotine delivery systems (e.g., e-cigarettes, e-hookah, e-cigars, and vape pens).

Among other requirements, the bill

• requires the Food and Drug Administration (FDA) to implement regulations to require color graphics on the labeling of cigarette packages, depicting the negative health consequences of smoking;
• requires the FDA to apply regulations on tobacco products to all tobacco products, including e-cigarettes;
• generally prohibits the retail online sale of tobacco products, including electronic nicotine delivery systems;
• prohibits flavors other than tobacco in a tobacco product;
• prohibits the use of flavored products in an electronic nicotine delivery system, except in specified circumstances;
• increases the user fees that the FDA collects from manufacturers and importers;
• directs the FDA to regulate products containing nicotine not made or derived from tobacco plants (including nicotine from chemical synthesis, recombinant genetic technology, or extraction from non-tobacco plants);
• imposes an excise tax on nicotine that has been extracted, concentrated, or synthesized;
• provides funding through FY2025 to support public education regarding tobacco regulation, public awareness regarding the harms associated with tobacco use, outreach to medically underserved communities regarding tobacco-use prevention and cessation, research grants related to tobacco-use prevention and cessation, and grants to health centers for tobacco-use cessation treatment;
• establishes and provides funding through FY2025 for a demonstration grant program to develop strategies for smoking cessation (including of the use of menthol-flavored tobacco products) in medically underserved communities;
• beginning in 2024, waives coinsurance under Medicare for colorectal-cancer screening tests;
• specifies that a health insurance plan may still be treated, for certain tax-deduction purposes, as a high-deductible plan even if it does not have a deductible for certain inhalers or nebulizers; 
• exempts certain cigars from premarket review requirements;
• increases civil penalties for certain violations of restrictions on the sale of tobacco products; and
• requires the Government Accountability Office to study e-cigarettes.   

This bill revises requirements related to the safety, sale, and advertisement of tobacco products, including electronic nicotine delivery systems (e.g., e-cigarettes, e-hookah, e-cigars, and vape pens).

Among other requirements, the bill

• requires the Food and Drug Administration (FDA) to implement regulations to require color graphics on the labeling of cigarette packages, depicting the negative health consequences of smoking;
• requires the FDA to apply regulations on tobacco products to all tobacco products, including e-cigarettes;
• generally prohibits the retail online sale of tobacco products, including electronic nicotine delivery systems;
• prohibits the use of flavored products in an electronic nicotine delivery system, except in specified circumstances;
• increases the user fees that the FDA collects from manufacturers and importers;
• directs the FDA to regulate products containing synthetic nicotine (not made or derived from tobacco);
• exempts certain cigars from premarket review requirements;
• establishes a demonstration grant program to develop strategies for smoking cessation in medically underserved communities;
• increases civil penalties for certain violations of restrictions on the sale of tobacco products; and
• requires the Government Accountability Office to study e-cigarettes.  

This bill revises regulations related to the safety, sale, and advertisement of tobacco products, including electronic nicotine delivery systems (e.g., e-cigarettes, e-hookah, e-cigars, and vape pens).

Among other requirements, the bill

• requires the Food and Drug Administration (FDA) to implement regulations that require color graphics depicting the negative health consequences of smoking on the labeling of cigarette packages;
• requires the FDA to apply regulations on tobacco products to all tobacco products, including e-cigarettes;
• raises the minimum age for purchasing tobacco products to age 21, and makes it unlawful to market, advertise, or promote any electronic nicotine delivery system to individuals under such age;
• prohibits the retail online sale of tobacco products, including electronic nicotine delivery systems;
• prohibits the use of flavored products in an electronic nicotine delivery system, except in specified circumstances;
• increases the user fees that the FDA collects from manufacturers and importers; and
• directs the FDA to regulate products containing synthetic nicotine (not made or derived from tobacco).