,,ii  #aaeth ,,congress  #b;d ,session  
,s4 #ccai  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,august #a1    
#bjah ,mr4 ,durbin 7for himself and ,ms4
 ,murkowski7 introduced the following   
bill2 which was read twice and referred 
to the ,committee on ,health1           
,education1 ,labor1 and ,pensions  ,a   
,,bill  ,to impose additional           
restrictions on tobacco flavors for use 
in e-cigarettes4  #a4 ,short title      
,this ,act may be cited as the ,stopping
 ,appealing ,flavors in ,e-,cigarettes  
for ,kids ,act or the ,,safe ,kids ,act4
  #b4 ,additional restrictions on use of
 tobacco flavors  7a7 ,tobacco product  
standards ,section #ijg7;a77#a7 of the  
,federal ,food1 ,drug1 and ,cosmetic    
,act 7#ba ,u4,s4,c4 #chg;g7 is amended--
 7#a7 by redesignating subparagraph 7,b7
 as subparagraph 7,c72 and  7#b7 by     
inserting after subparagraph 7,a7 the   
following3  7,b7 ,special rule for      
tobacco products other than cigarettes  
7i7 ,in general ,except as provided in  

clause 7ii71 a tobacco product that is  
not a cigarette1 or any component1 part1
 or accessory of such a product1 shall  
not contain1 as a constituent 7including
 a smoke or aerosol constituent7 or     
additive1 an artificial or natural      
flavor 7other than tobacco7 or an herb  
or spice 7including menthol1 strawberry1
 grape1 orange1 clove1 cinnamon1        
pineapple1 vanilla1 coconut1 licorice1  
cocoa1 chocolate1 cherry1 and coffee7   
that is a characterizing flavor of the  
tobacco product1 tobacco smoke1 or      
aerosol emitted from the product4       
,nothing in this subparagraph shall be  
construed to limit the ,secretary's     
authority to take action under this     
section or other provisions of this ,act
 applicable to any artificial or natural
 flavor1 herb1 or spice not specified in
 this subparagraph4  7ii7 ,exceptions   
,an electronic nicotine delivery system 
component or part shall not contain or  
use an artificial or natural flavor     
7other than tobacco7 that is a          

characterizing flavor of the product or 
its aerosol unless the ,secretary issues
 an order finding that a manufacturer   
has demonstrated that use of the        
characterizing flavor--  7,i7 will      
increase the likelihood of smoking      
cessation among current users of tobacco
 products2  7,,ii7 will not increase the
 likelihood of youth initiation of      
nicotine or tobacco products2 and       
7,,iii7 will not increase the likelihood
 of harm to the person using the        
characterizing flavor4  4  7b7          
,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#i7 through
 7#bc72 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 electronic      
device that delivers nicotine1 flavor1  
or another substance via an aerosolized 

solution to the user inhaling from the  
device 7including e-cigarettes1         
e-hookah1 e-cigars1 vape pens1 advanced 
refillable personal vaporizers1 and     
electronic pipes7 and any component1    
liquid1 part1 or accessory of such a    
device1 whether or not sold separately2 
and  7,b7 does not include a product    
that-- 7i7 is approved by the ,food and 
,drug ,administration for sale as a     
tobacco cessation product or for another
 therapeutic purpose2 and  7ii7 is      
marketed and sold solely for a purpose  
described in 7i74  4  7c7 ,conforming   
amendment ,section #i7a7 of the         
,comprehensive ,smokeless ,tobacco      
,health ,education ,act of #aihf 7#ae   
,u4,s4,c4 #ddjh7a77 is amended by       
striking section #ijj7ah7 and inserting 
section #ijj7ai74  7d7 ,effective ,date 
,the amendments made by this section    
shall take effect #a year after the date
 of enactment of this ,act4