,,ii  #aadth ,,congress  #ast ,session  
,s4 #dcj  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #aj1      
#bjae,mrs4 ,boxer 7for herself1 ,mr4    
,blumenthal1 ,mr4 ,brown1 ,mr4 ,durbin1 
,mr4 ,markey1 ,mr4 ,merkley1 ,mr4       
,nelson1 ,mr4 ,schumer1 and ,mr4 ,wyden7
 introduced the following bill2 which   
was read twice and referred to the      
,committee on ,commerce1 ,science1 and  
,transportation  ,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 #bjae4  #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 ,november #bjad1 which found
 that in two years1 from #bjaa to #bjac1
 the percentage of middle and high      
school students who had ever used       
electronic cigarettes tripled4  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  7#g7     
,according to a study published in ,june
 #bjad in the journal ,pediatrics1 youth
 exposure to television advertisements  
for electronic cigarettes increased by  
#bef percent during the #bjaa to #bjac  
period1 exposing #bd1jjj1jjj children to
 such advertisements4  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 ,electronic 
cigarette defined  7#a7 ,in general     

,except as provided in paragraph 7#b71  
in this section1 the term electronic    
cigarette means any electronic device   
that delivers nicotine1 flavor1 or other
 chemicals via a vaporized solution to  
the user inhaling from the device1      
including any component1 liquid1 part1  
or accessory of such a device1 whether  
or not sold separately4  7#b7 ,exception
 ,in this section1 the term electronic  
cigarette shall not include any product 
that-- 7,a7 has been approved by the    
,food and ,drug ,administration for sale
 as a tobacco cessation product or for  
other therapeutic purposes2 and  7,b7 is
 marketed and sold solely for a purpose 
approved as described in subparagraph   
7,a74  7b7 ,prohibition  7#a7 ,in       
general ,no person may advertise1       
promote1 or market in commerce in a     
,state described in paragraph 7#b7 an   
electronic cigarette in a manner that-- 
7,a7 the person knows or should know is 
likely to contribute towards initiating 
or increasing the use of electronic     

cigarettes by children who are younger  
than #ah years of age2 or  7,b7 the     
,federal ,trade ,commission determines1 
regardless of when or where the         
advertising1 promotion1 or marketing    
occurs1 affects or appeals to children  
described in subparagraph 7,a74  7#b7   
,covered ,states ,a ,state described in 
this paragraph is a ,state in which the 
sale of an electronic cigarette to a    
child who is younger than #ah years of  
age is prohibited by a provision of     
,federal or ,state law4  7c7            
,enforcement by ,federal ,trade         
,commission  7#a7 ,unfair or deceptive  
act or practice ,a violation of         
subsection 7b77#a7 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 shall       
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 7b77#a7 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 7b77#a71 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 7b77#a7 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 7b77#a71 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