,i #aacth ,,congress #b;d ,session ,h4 ,r4 #ejaj ,,in ,,the ,,house ,,of ,,representatives ,june #bf1 #bjad ,ms4 ,speier 7for herself1 ,mr4 ,crdenas1 ,mr4 ,rangel1 and ,ms4 ,schakowsky7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to provide greater clarity in the regulation of electronic nicotine delivery systems1 including electronic cigarettes1 cigars1 cigarillos1 pipes1 and hookahs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,selling and ,marketing to ,our ,kids ,e-,cigarettes ,act or the ,,smoke ,act4 #b4 ,findings2 ,sense of ,congress 7a7 ,findings ,congress finds the following3 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 ,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#c7 ,electronic cigarette use may lead children to become addicted to nicotine and could be a gateway to various tobacco products4 7#d7 ,additionally1 according to the ,centers for ,disease ,control and ,prevention1 #a in #e middle school students who reported ever using electronic cigarettes had never tried conventional cigarettes4 7#e7 ,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 7#f7 ,according to the ,centers for ,disease ,control and ,prevention1 ,poison ,control ,centers reported rapid increase in electronic cigarette-related exposures1 of which #ea4a percent were among young children4 ,electronic cigarette exposure calls per month increased from one in ,september #bjaj to #bae in ,february #bjad4 7#g7 ,due to the lack of long-term studies1 we do not know the viability of claims that electronic cigarettes help to lessen dependence on regular cigarettes4 7#h7 ,according to a paper entitled ,e-,cigarettes3 ,a ,scientific ,review published in the ,american ,heart ,association's peer-reviewed journal ,circulation1 electronic cigarettes contain particles small enough to get into the lungs and then cross into the systemic circulation just like cigarettes4 ,therefore1 electronic cigarettes do not only produce water vapor as is claimed in the marketing of these products4 ,furthermore1 the particle size distribution and number of particles delivered by electronic cigarettes are similar to those contained in conventional cigarettes4 ,there is already strong evidence that frequent low or short-term levels of exposure to these types of particles from tobacco smoke or air pollution can contribute to health problems such as the increased risk of cardiovascular and respiratory disease and death4 7#i7 ,the e-liquids used in electronic cigarettes may be toxic if ingested or absorbed through the skin at relatively low quantities4 ,the lack of childproof containers makes this even more of a safety risk for children4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,food and ,drug ,administration-- 7,a7 has been authorized to regulate the sale1 labeling1 packaging1 marketing1 and advertising of electronic nicotine delivery systems and e-liquids since the enactment of the ,family ,smoking ,prevention and ,tobacco ,control ,act on ,june #bb1 #bjji2 and 7,b7 should exercise this authority2 and 7#b7 the ,federal ,trade ,commission should prohibit the advertising1 promoting1 and marketing in commerce of electronic nicotine delivery systems and e-liquids to children as an unfair or deceptive act or practice1 in order to protect the health of the youth of the ,united ,states4 #c4 ,,fda regulation of electronic nicotine delivery systems and e-liquids 7a7 ,definitions ,section #ijj of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg7 is amended-- 7#a7 by redesignating paragraphs 7#h7 through 7#bb7 as paragraphs 7#aj7 through 7#bd71 respectively2 and 7#b7 by inserting after paragraph 7#g7 the following3 7#h7 ,electronic nicotine delivery system ,the term electronic nicotine delivery system-- 7,a7 means any product1 the use of which may resemble smoking1 that provides an inhalable dose of nicotine by delivery of a vaporized solution1 including any such product that is marketed as an electronic cigarette1 cigar1 cigarillo1 pipe1 or hookah2 and 7,b7 includes any component1 part1 or paraphernalia of such a product1 including cartridges1 cartomizers1 e-liquid1 smoke juice1 tips1 atomizers1 batteries1 and chargers1 whether or not the component1 part1 or paraphernalia is sold separately4 7#i7 ,e-liquid ,the term e-liquid means a solution that contains nicotine1 flavorings1 or other chemicals that is intended to be used to produce an inhaled vapor from an electronic nicotine delivery system4 4 7b7 ,regulation as tobacco products under ,federal ,food1 ,drug1 and ,cosmetic ,act ,section #ija7;b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;a7b77 is amended by striking ,this chapter shall apply to all cigarettes1 and inserting ,this chapter shall apply to all cigarettes1 electronic nicotine delivery systems1 e-liquids14 7c7 ,regulation as cigarettes under ,federal ,cigarette ,labeling and ,advertising ,act ,section #c7a7 of the ,federal ,cigarette ,labeling and ,advertising ,act 7#ae ,u4,s4,c4 #accb7a77 is amended-- 7#a7 in subparagraph 7,a71 by striking and at the end2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 any electronic nicotine delivery system 7as such term is defined in section #ijj of the ,federal ,food1 ,drug1 and ,cosmetic ,act74 4 7d7 ,characterizing flavors 7#a7 ,study ,by not later than one year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall complete a study on-- 7,a7 any purported health benefits associated with flavorings for electronic nicotine delivery systems and e-liquids1 including whether any such flavorings help adults to quit smoking2 and 7,b7 whether any such flavorings would appeal to children and increase their likelihood to use electronic nicotine delivery systems or e-liquids4 7#b7 ,consideration of tobacco product standard ,upon completion of the study under paragraph 7#a71 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall consider whether to adopt a tobacco product standard under section #ijg7;a77#c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;g7a77#c77 prohibiting or restricting the use of flavorings in electronic nicotine delivery systems and e-liquids4 7e7 ,child-,proof packaging ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall promulgate a final tobacco product standard under section #ijg of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;g7 requiring child-proof packaging for electronic nicotine delivery systems and e-liquids4 7f7 ,dosage limits ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs-- 7#a7 shall promulgate a final tobacco product standard under section #ijg of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;g7 establishing dosage limits for electronic nicotine delivery systems and e-liquids that are adequate for the majority of smokers using an electronic nicotine delivery system as a substitute to smoking2 and 7#b7 may include in such tobacco product standard an exception allowing consumers to access electronic nicotine delivery systems and e-liquids containing nicotine in excess of the dosage limit established under paragraph 7#a7 pursuant to a prescription4 7g7 ,concentrations ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs-- 7#a7 shall promulgate a final tobacco product standard under section #ijg of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;g7 establishing for e-liquids maximum levels for the concentration of nicotine1 and establishing labeling requirements with respect to the concentration of nicotine1 that are adequate for the majority of smokers using an electronic nicotine delivery system as a substitute to smoking2 and 7#b7 may include in such tobacco product standard an exception allowing consumers to access e-liquids containing nicotine in excess of the dosage limit established under paragraph 7#a7 pursuant to a prescription4 7h7 ,regulations ,the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall make such changes to the final rule promulgated under section #ajb of the ,family ,smoking ,prevention and ,tobacco ,control ,act 7#ba ,u4,s4,c4 #chg;a-#a7 7or any successor regulation7 as may be necessary to implement the provisions of this section and the amendments made by this section4 #d4 ,prohibition on marketing of electronic nicotine delivery systems to children 7a7 ,prohibition ,no person may advertise1 promote1 or market in commerce an electronic nicotine delivery system or an e-liquid in a manner that the person knows or should know will have the effect of increasing the use of an electronic nicotine delivery system or e-liquid by a child4 7b7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair or deceptive act or practice ,a violation of subsection 7a7 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 7c7 ,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 7a7 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 7a71 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 7a7 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 7a71 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 7d7 ,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 nicotine delivery systems1 including the marketing of electronic nicotine delivery systems to children4 7e7 ,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 #e4 ,definitions ,in this ,act3 7#a7 ,electronic nicotine delivery system ,the term electronic nicotine delivery system-- 7,a7 means any product1 the use of which may resemble smoking1 that provides an inhalable dose of nicotine by delivery of a vaporized solution1 including any such product that is marketed as an electronic cigarette1 cigar1 cigarillo1 pipe1 or hookah2 and 7,b7 includes any component1 part1 or paraphernalia of such a product1 including cartridges1 cartomizers1 e-liquid1 smoke juice1 tips1 atomizers1 batteries1 and chargers1 whether or not the component1 part1 or paraphernalia is sold separately4 7#b7 ,e-liquid ,the term e-liquid means a solution that contains nicotine1 flavorings1 or other chemicals that is intended to be used to produce an inhaled vapor from an electronic nicotine delivery system4 7#c7 ,child ,the term child means an individual who is under the age of #ah years4 7#d7 ,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