[Congressional Record Volume 163, Number 132 (Thursday, August 3, 2017)]
[Senate]
[Page S4884]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 754. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill H.R. 2430, to amend the Federal Food, Drug, and 
Cosmetic Act to revise and extend the user-fee programs for 
prescription drugs, medical devices, generic drugs, and biosimilar 
biological products, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of title IX, insert the following:

     SEC. 906. BAN ON CHARACTERIZING FLAVORS IN NEWLY DEEMED 
                   TOBACCO PRODUCTS.

       A product that is a newly deemed tobacco product under the 
     rule entitled ``Deeming Tobacco Products To Be Subject to the 
     Federal Food, Drug, and Cosmetic Act, as Amended by the 
     Family Smoking Prevention and Tobacco Control Act; 
     Restrictions on the Sale and Distribution of Tobacco Products 
     and Required Warning Statements for Tobacco Products'', 
     published May 10, 2016 (81 Fed. Reg. 28973), or any of 
     component parts of such tobacco product (including the 
     tobacco, filter, or paper) shall not contain, as a 
     constituent (including a smoke constituent) or additive, an 
     artificial or natural flavor (other than tobacco or menthol) 
     or an herb or spice, including strawberry, grape, orange, 
     clove, cinnamon, pineapple, vanilla, coconut, licorice, 
     cocoa, chocolate, cherry, or coffee, that is a characterizing 
     flavor of the tobacco product or tobacco smoke.
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