[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 655 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 655

   To impose additional restrictions on tobacco flavors for use in e-
                              cigarettes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2019

  Mr. Durbin (for himself and Ms. Murkowski) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 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 3,600,000 youth currently use e-
        cigarettes, an increase of 1,500,000 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 use of e-cigarettes among youth 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 issued an advisory in 2018 
        emphasizing the need to take immediate action to stem the youth 
        e-cigarette epidemic and to protect youth 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 youth to 
        tobacco products and make such products 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 and the 
        Federal Trade Commission 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 3100 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 youth 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 (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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