,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dcbe ,,in ,,the ,,house ,,of ,,representatives ,march #bg1 #bjad ,ms4 ,esty 7for herself1 ,mr4 ,bishop of ,new ,york1 ,mrs4 ,bustos1 ,ms4 ,de,gette1 ,mr4 ,ruiz1 and ,ms4 ,schakowsky7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to prohibit the marketing of electronic cigarettes to children1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,children from ,electronic ,cigarette ,advertising ,act of #bjad4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress makes the following findings3 7#a7 ,according to the ,food and ,drug ,administration1 because electronic cigarettes have not been fully studied1 consumers currently do not know-- 7,a7 the potential risks of electronic cigarettes when used as intended2 7,b7 how much nicotine or other potentially harmful chemicals are being inhaled during use2 or 7,c7 if there are any benefits associated with using these products4 7#b7 ,most electronic cigarettes contain widely varying levels of nicotine1 which is a highly addictive drug that impacts the cardiovascular system and can be lethal when delivered in high doses4 7#c7 ,according to the ,surgeon ,general1 adolescents are particularly vulnerable to the adverse effects of nicotine and adolescent exposure to nicotine may have lasting adverse consequences for brain development4 7#d7 ,use of electronic cigarettes has risen in youth according to a study by the ,centers for ,disease ,control and ,prevention that was released in ,september #bjac1 which found that in one year1 from #bjaa to #bjab1 the percentage of middle and high school students who had ever used electronic cigarettes more than doubled4 7#e7 ,electronic cigarette use may lead children to become addicted to nicotine and could be a gateway to various tobacco products4 7#f7 ,marketing of electronic cigarettes to youth is occurring in the form of advertising using cartoons and sponsorships of events popular with youth such as concerts and sporting events4 7b7 ,sense of ,congress ,it is the sense of ,congress that the ,federal ,trade ,commission should prohibit the advertising1 promoting1 and marketing in commerce of electronic cigarettes to children as an unfair or deceptive act or practice1 in order to protect the health of the youth of the ,united ,states4 #c4 ,prohibition on marketing of electronic cigarettes to children 7a7 ,definitions ,in this section3 7#a7 ,child ,the term child means an individual who is under the age of #ah years4 7#b7 ,commerce ,the term commerce has the meaning given such term in section #d of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd74 7#c7 ,electronic cigarette ,the term electronic cigarette means a battery-operated product designed to deliver nicotine1 flavor1 or other chemicals and that turns chemicals1 such as nicotine1 into an aerosol that is inhaled by the user4 7b7 ,prohibition ,no person may advertise1 promote1 or market in commerce an electronic cigarette in a manner that the person knows or should know will have the effect of increasing the use of an electronic cigarette by a child4 7c7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair or deceptive act or practice ,a violation of subsection 7b7 shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of ,commission 7,a7 ,in general ,the ,federal ,trade ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section4 7,b7 ,privileges and immunities ,any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7,c7 ,rulemaking ,the ,federal ,trade ,commission may promulgate standards and rules to carry out this section in accordance with section #eec of title #e1 ,united ,states ,code4 7d7 ,enforcement by ,states 7#a7 ,in general ,in any case in which the attorney general of a ,state has reason to believe that an interest of the residents of the ,state has been or is threatened or adversely affected by the engagement of any person subject to subsection 7b7 in a practice that violates such subsection1 the attorney general of the ,state may1 as parens patriae1 bring a civil action on behalf of the residents of the ,state in an appropriate district court of the ,united ,states-- 7,a7 to enjoin further violation of such subsection by such person2 7,b7 to compel compliance with such subsection2 7,c7 to obtain damages1 restitution1 or other compensation on behalf of such residents2 7,d7 to obtain such other relief as the court considers appropriate2 or 7,e7 to obtain civil penalties in the amount determined under paragraph 7#b74 7#b7 ,civil penalties 7,a7 ,calculation ,for purposes of imposing a civil penalty under paragraph 7#a77;,e7 with respect to a person who violates subsection 7b71 the amount determined under this paragraph is the amount calculated by multiplying the number of days that the person is not in compliance with subsection 7b7 by an amount not greater than #af1jjj4 7,b7 ,adjustment for inflation ,beginning on the date on which the ,bureau of ,labor ,statistics first publishes the ,consumer ,price ,index after the date that is #a year after the date of the enactment of this ,act1 and annually thereafter1 the amounts specified in subparagraph 7,a7 shall be increased by the percentage increase in the ,consumer ,price ,index published on that date from the ,consumer ,price ,index published the previous year4 7#c7 ,rights of ,federal ,trade ,commission 7,a7 ,notice to ,federal ,trade ,commission 7i7 ,in general ,except as provided in clause 7iii71 the attorney general of a ,state shall notify the ,federal ,trade ,commission in writing that the attorney general intends to bring a civil action under paragraph 7#a7 not later than #aj days before initiating the civil action4 7ii7 ,contents ,the notification required by clause 7i7 with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action4 7iii7 ,exception ,if it is not feasible for the attorney general of a ,state to provide the notification required by clause 7i7 before initiating a civil action under paragraph 7#a71 the attorney general shall notify the ,federal ,trade ,commission immediately upon instituting the civil action4 7,b7 ,intervention by ,federal ,trade ,commission ,the ,federal ,trade ,commission may-- 7i7 intervene in any civil action brought by the attorney general of a ,state under paragraph 7#a72 and 7ii7 upon intervening-- 7,i7 be heard on all matters arising in the civil action2 and 7,,ii7 file petitions for appeal of a decision in the civil action4 7#d7 ,investigatory powers ,nothing in this subsection may be construed to prevent the attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of the ,state to conduct investigations1 to administer oaths or affirmations1 or to compel the attendance of witnesses or the production of documentary or other evidence4 7#e7 ,preemptive action by ,federal ,trade ,commission ,if the ,federal ,trade ,commission institutes a civil action or an administrative action with respect to a violation of subsection 7b71 the attorney general of a ,state may not1 during the pendency of such action1 bring a civil action under paragraph 7#a7 against any defendant named in the complaint of the ,commission for the violation with respect to which the ,commission instituted such action4 7#f7 ,venue2 service of process 7,a7 ,venue ,any action brought under paragraph 7#a7 may be brought in-- 7i7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7ii7 another court of competent jurisdiction4 7,b7 ,service of process ,in an action brought under paragraph 7#a71 process may be served in any district in which the defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4 7#g7 ,actions by other ,state officials 7,a7 ,in general ,in addition to civil actions brought by attorneys general under paragraph 7#a71 any other officer of a ,state who is authorized by the ,state to do so may bring a civil action under paragraph 7#a71 subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general4 7,b7 ,savings provision ,nothing in this subsection may be construed to prohibit an authorized official of a ,state from initiating or continuing any proceeding in a court of the ,state for a violation of any civil or criminal law of the ,state4 7e7 ,construction ,nothing in this section shall be construed to limit or diminish the authority of the ,food and ,drug ,administration to regulate the marketing of electronic cigarettes1 including the marketing of electronic cigarettes to children4 7f7 ,relation to ,state law ,this section shall not be construed as superseding1 altering1 or affecting any provision of law of a ,state1 except to the extent that such provision of law is inconsistent with the provisions of this section1 and then only to the extent of the inconsistency4