[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1498 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 1498
To impose additional restrictions on tobacco flavors for use in e-
cigarettes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 5, 2019
Ms. DeGette (for herself and Mr. Raskin) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To impose additional restrictions on tobacco flavors for use in e-
cigarettes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Appealing Flavors in E-
Cigarettes for Kids Act'' or the ``SAFE Kids Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Tobacco use almost always begins during adolescence
and, because nicotine is addictive, most youth tobacco users
continue to use tobacco as adults, even if they intended to
quit.
(2) According to the Surgeon General, ``The use of products
containing nicotine in any form among youth, including e-
cigarettes, is unsafe'' and ``Nicotine exposure during
adolescence can cause addiction and can harm the developing
brain''.
(3) In 2018, youth e-cigarette use increased by 78 percent
among high school students and by 48 percent among middle
school students. More than 3.6 million youth currently use e-
cigarettes, an increase of 1.5 million high school and middle
school students in one year.
(4) In 2018, 28 percent of high school e-cigarette users
and 16 percent of middle school e-cigarette users reported
frequent use of e-cigarettes, using e-cigarettes on at least 20
of the preceding 30 days.
(5) Rising youth use of e-cigarettes is hindering progress
in reducing youth tobacco use. The use of any tobacco product
increased by 38 percent among high school students and 29
percent among middle school students between 2017 and 2018.
(6) Both the Surgeon General and the Commissioner of Food
and Drugs have called the recent surge in youth e-cigarettes
use an ``epidemic''.
(7) The Surgeon General in 2018 issued an advisory
emphasizing the need to take immediate action to stem the youth
e-cigarette epidemic and to protect kids from a lifetime of
nicotine addiction and related health risks.
(8) Youth use of cigars is a public health concern. High
school boys smoke cigars at a higher rate than cigarettes (9
percent for cigars and 7.6 percent for cigarettes).
(9) Flavors play a significant role in attracting kids to
tobacco products and make them easier to use by masking the
harshness of tobacco products.
(10) A 2017 study identified more than 15,000 unique e-
cigarette flavors available online. E-cigarettes come in
flavors such as gummy bear, cotton candy, and fruit loops.
(11) The number of unique cigar flavor names more than
doubled, from 108 to 250, between 2008 and 2015, and flavored
cigars made up more than half of the convenience store cigar
market in 2015. Cigars come in flavors such as chocolate,
watermelon, and tropical fusion and are sold in convenience
stores for as little as 3 for 99 cents.
(12) Youth often begin tobacco use with a flavored product.
Eighty-one percent of youth who have ever used a tobacco
product started with a flavored tobacco product.
(13) Flavors are a primary reason why youth use e-
cigarettes and cigars. Eighty-two percent of current youth e-
cigarette users and 74 percent of current youth cigar smokers
said they used these products ``because they come in flavors I
like''.
(14) In 2018, the Food and Drug Administration (FDA) and
the Federal Trade Commission (FTC) took action against some
deceptive e-liquid products that look like kid-friendly juice
boxes, cookies, and candy. Many similar products remain on the
market.
(15) The American Association of Poison Control Centers
reported more than 3,100 calls in 2018 due to exposure to e-
liquids, and the American Academy of Pediatrics has warned
about the dangers of accidental poisonings because of the
appeal of the packaging of flavored products.
(16) Curbing the use of flavors in tobacco products will
help to protect kids from nicotine addiction and tobacco-caused
diseases such as cancer, heart disease, and respiratory
disease.
SEC. 3. ADDITIONAL RESTRICTIONS ON USE OF TOBACCO FLAVORS.
(a) Tobacco Product Standards.--Section 907(a)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 387g) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following:
``(B) Special rule for tobacco products other than
cigarettes.--
``(i) In general.--Except as provided in
clause (ii), a tobacco product that is not a
cigarette, or any component, part, or accessory
of such a product, shall not contain, as a
constituent (including a smoke or aerosol
constituent) or additive, an artificial or
natural flavor (other than tobacco) or an herb
or spice (including menthol, strawberry, grape,
orange, clove, cinnamon, pineapple, vanilla,
coconut, licorice, cocoa, chocolate, cherry,
and coffee) that is a characterizing flavor of
the tobacco product, tobacco smoke, or aerosol
emitted from the product. Nothing in this
subparagraph shall be construed to limit the
Secretary's authority to take action under this
section or other provisions of this Act
applicable to any artificial or natural flavor,
herb, or spice not specified in this
subparagraph.
``(ii) Exceptions.--An electronic nicotine
delivery system component or part shall not
contain or use an artificial or natural flavor
(other than tobacco) that is a characterizing
flavor of the product or its aerosol unless the
Secretary issues an order finding that a
manufacturer has demonstrated that use of the
characterizing flavor--
``(I) will increase the likelihood
of smoking cessation among current
users of tobacco products;
``(II) will not increase the
likelihood of youth initiation of
nicotine or tobacco products; and
``(III) will not increase the
likelihood of harm to the person using
the characterizing flavor.''.
(b) Definitions.--Section 900 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 387) is amended--
(1) by redesignating paragraphs (8) through (22) as
paragraphs (9) through (23); and
(2) by inserting after paragraph (7) the following:
``(8) Electronic nicotine delivery system.--The term
`electronic nicotine delivery system'--
``(A) means any electronic device that delivers
nicotine, flavor, or another substance via an
aerosolized solution to the user inhaling from the
device (including e-cigarettes, e-hookah, e-cigars,
vape pens, advanced refillable personal vaporizers, and
electronic pipes) and any component, liquid, part, or
accessory of such a device, whether or not sold
separately; and
``(B) does not include a product that--
``(i) is approved by the Food and Drug
Administration for sale as a tobacco cessation
product or for another therapeutic purpose; and
``(ii) is marketed and sold solely for a
purpose described in clause (i).''.
(c) Conforming Amendment.--Section 9(1) of the Comprehensive
Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4408(1)) is
amended by striking ``section 900(18)'' and inserting ``section
900(19)''.
(d) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of enactment of this Act.
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