[Congressional Record Volume 165, Number 70 (Tuesday, April 30, 2019)]
[Senate]
[Page S2522]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Cornyn, Mr. Van Hollen, Mr. 
        Blumenthal, Ms. Harris, Ms. Klobuchar, Mr. Wyden, and Mr. 
        Durbin):
  S. 1253. A bill to apply requirements relating to delivery sales of 
cigarettes to delivery sales of electronic nicotine delivery systems, 
and for other purposes; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise in support of the ``Preventing 
Online Sales of E-Cigarettes to Children Act,'' which would help 
address the concerning rise of electronic cigarette use among America's 
youth.
  This common-sense bill would protect children by requiring online 
retailers of e-cigarettes to meet the same standards as those that sell 
regular cigarettes and other tobacco products online.
  E-cigarette use among teenagers has increased dramatically over the 
past few years. According to the Centers for Disease Control and 
Prevention, approximately 20 percent of high school students used 
electronic cigarettes in 2018. In comparison, only about 1.5 percent of 
high school students reportedly used e-cigarettes in 2011.
  Even more disturbing, the rise of teenage use of e-cigarettes appears 
to be accelerating. Between 2017 and 2018, e-cigarettes use among high 
school-aged children jumped 78%. Today, e-cigarettes have become the 
most commonly used tobacco product among America's youth. These severe 
levels of e-cigarette use by middle and high school-aged children are 
staggering.
  According to a U.S. Surgeon General report on e-cigarette use among 
youth and young adults, the developing adolescent brain is uniquely 
sensitive to nicotine. Studies have also shown that the development of 
the brain during adolescence can be permanently altered by nicotine. As 
a result, children exposed to nicotine may be at greater risk for 
acting out drug-seeking behaviors, experiencing deficits in attention 
and cognition, and suffering from mood disorders. These effects may 
continue into adulthood, long after e-cigarette use has stopped.
  Given the effects of nicotine on children, it is critical that we 
close any legal loopholes that have allowed underage youth to gain 
access to tobacco, particularly through e-cigarettes.
  Among underage e-cigarette users, 86 percent reported that they 
obtained the product from somewhere other than a retail store. And a 
recent survey of adolescent e-cigarette users showed that 32 percent of 
them reported purchasing their products online, making online sales the 
single largest source of underage purchases.
  Our legislation would build off the ``Prevent All Cigarette 
Trafficking Act,'' which has been a tremendous success in preventing 
underage use of cigarettes. Since it passed, the number of middle and 
high school students who use cigarettes has been nearly cut in half. We 
should expand on this success by requiring e-cigarette retailers to 
meet the same requirements as those that sell regular cigarettes 
online.
  By applying the same safeguards that have worked with online sales of 
regular cigarettes, our bill would ensure that online e-cigarette 
sellers are verifying the age of their customers, properly labeling 
packages, and checking identification at delivery.
  In addition, our bill requires deliveries of e-cigarettes to comply 
with relevant State tobacco taxes and reporting requirements, as is 
currently required of online sales of regular cigarettes and smokeless 
tobacco products. E-cigarette retailers will also need to register and 
maintain a record of their online sales, which will be accessible to 
State and Federal law officials. Law enforcement will be able to 
identify and shut down online vendors that are systematically breaking 
the law by marketing their e-cigarette products to children.
  This bill complements efforts by the Food and Drug Administration, 
which has recognized the epidemic of youth e-cigarette use and proposed 
a number of policies meant to prevent underage retail purchases, limit 
flavors that appeal to children, and enforce age verifications.
  Over the last 50 years, the United States has made remarkable 
progress in reducing the number of Americans that use tobacco products. 
However, the dramatic recent rise of e-cigarette use among our youth 
threatens that progress and requires a strong response.
  I want to thank Senator Cornyn for joining me in introducing 
legislation on this important issue. I urge my colleagues to join us in 
supporting this bill to address the epidemic of e-cigarette use among 
America's youth. Thank you Mr. President. I yield the floor.
                                 ______