,i #aafth ,,congress #ast ,session ,h4 ,r4 #bcci ,,in ,,the ,,house ,,of ,,representatives ,april #ah1 #bjai,mr4 ,pallone 7for himself and ,ms4 ,shalala7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,federal ,food1 ,drug1 and ,cosmetic ,act with respect to the sale and marketing of tobacco products1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,reversing the ,youth ,tobacco ,epidemic ,act of #bjai4 #b4 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,title ,i--,food and ,drug ,administration ,sec4 #aja4 ,cigarette graphic health warnings4 ,sec4 #ajb4 ,advertising and sales parity for all deemed tobacco products4 ,sec4 #ajc4 ,reducing child and adolescent nicotine addiction4 ,sec4 #ajd4 ,fees applicable to all tobacco products4 ,sec4 #aje4 ,regulation of products containing synthetic nicotine4 ,title ,,ii--,federal ,trade ,commission ,sec4 #bja4 ,advertising of tobacco products4 ,i ,food and ,drug ,administration #aja4 ,cigarette graphic health warnings 7a7 ,issuance deadlines ,not later than #ab months after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall publish a final rule pursuant to section #d7;d7 of the ,federal ,cigarette ,labeling and ,advertising ,act 7#ae ,u4,s4,c4 #accc7;d774 7b7 ,conforming change ,section #d7;d7 of the ,federal ,cigarette ,labeling and ,advertising ,act 7#ae ,u4,s4,c4 #accc7;d77 is amended by striking ,not later than #bd months after the date of enactment of the ,family ,smoking ,prevention and ,tobacco ,control ,act1 the ,secretary and inserting ,the ,secretary4 #ajb4 ,advertising and sales parity for all deemed tobacco products 7a7 ,in general ,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 rule amending part #aadj of subchapter ,k of title #ba1 ,code of ,federal ,regulations-- 7#a7 to apply the provisions of such part #aadj to all tobacco products to which chapter ,,ix of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;a et seq47 applies pursuant to section #ija7;b7 of such ,act 7#ba ,u4,s4,c4 #chg;a7b771 as amended by section #ajc7;a7 of this ,act2 and 7#b7 to make such changes as may be necessary for consistency with the amendments made by section #ajc of this ,act4 7b7 ,effective date ,the final rule required by subsection 7a7 shall take effect on the date that is #b years after the date of enactment of this ,act4 #ajc4 ,reducing child and adolescent nicotine addiction 7a7 ,applicability to all tobacco products 7#a7 ,in general ,subsection 7b7 of section #ija of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;a7 is amended to read as follows3 7b7 ,applicability ,this chapter shall apply to all tobacco products4 4 7#b7 ,rule of construction ,paragraph 7#a7 and the amendment made thereby shall not be construed to limit the applicability of chapter ,,ix of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;a et seq47 to-- 7,a7 products that were listed in section #ija7;b7 of such ,act as in effect on the day before the date of enactment of this ,act2 and 7,b7 products that were deemed by regulation to be subject to such chapter pursuant to section #ija7;b7 of such ,act as in effect on the day before the date of enactment of this ,act4 7b7 ,minimum age restrictions ,section #ijf7;d7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;f7d77 is amended by striking paragraph 7#c7 and inserting the following3 7#c7 ,minimum age restrictions 7,a7 ,restriction ,it shall be unlawful for any retailer1 manufacturer1 distributor1 third-party marketplace1 or any other commercial entity to sell a tobacco product to any person younger than #ba years of age4 7,b7 ,age verification ,to ensure compliance with subparagraph 7,a71 a retailer shall1 at a minimum1 verify by means of a government-issued photographic identification the age of the individual purchasing the product as prescribed in-- 7i7 subpart ,b of part #aadj of subchapter ,k of title #ba1 ,code of ,federal ,regulations2 and 7ii7 successor regulations1 including the regulation required by section #ajb of the ,reversing the ,youth ,tobacco ,epidemic ,act of #bjai and any applicable regulation imposing restrictions pursuant to paragraph 7#a74 7,c7 ,non-preemption ,subparagraphs 7,a7 and 7,b7 shall not be construed to limit the authority of a ,state or political subdivision of a ,state1 or the government of an ,indian tribe1 as such authority is described in section #iaf4 7,d7 ,regulations ,not later than #ahj days after the date of enactment of the ,reversing the ,youth ,tobacco ,epidemic ,act of #bjai1 the ,secretary shall promulgate a final regulation to implement and enforce subparagraphs 7,a7 and 7,b74 7,e7 ,timing ,subparagraphs 7,a7 and 7,b7 shall take effect on the date that is #ahj days after the date of enactment of the ,reversing the ,youth ,tobacco ,epidemic ,act of #bjai1 regardless of whether the ,secretary has promulgated the final regulations required by subparagraph 7,d74 4 7c7 ,prohibition against remote retail sales ,paragraph 7#d7 of section #ijf7;d7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;f7d77 is amended to read as follows3 7#d7 ,prohibition against remote retail sales ,not later than #b years after the date of enactment of the ,reversing the ,youth ,tobacco ,epidemic ,act of #bjai1 the ,secretary shall promulgate a final regulation under paragraph 7#a7 prohibiting the retail sale of all tobacco products1 including electronic nicotine delivery systems and electronic nicotine delivery system accessories1 other than retail sales through a direct1 face-to-face exchange between a retailer and a consumer4 4 7d7 ,prohibiting flavoring of tobacco products 7#a7 ,prohibition ,subparagraph 7,a7 of section #ijg7;a77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;g7a77#a77 is amended to read as follows3 7,a7 ,special rule ,beginning on the date that is #a year after the date of enactment of the ,reversing the ,youth ,tobacco ,epidemic ,act of #bjai1 except as provided in subparagraph 7,c71 a tobacco product or any of its component parts or accessories 7including the tobacco1 filter1 or paper7 shall not contain1 as a constituent 7including a smoke constituent7 or additive1 an artificial or natural flavor 7other than tobacco7 that is a characterizing flavor of the tobacco product or tobacco smoke or an herb or spice1 including menthol1 mint1 strawberry1 grape1 orange1 clove1 cinnamon1 pineapple1 vanilla1 coconut1 licorice1 cocoa1 chocolate1 cherry1 or coffee4 ,nothing in this subparagraph shall be construed to limit the ,secretary's authority to take action under this section or other sections of this ,act applicable to any artificial or natural flavor1 herb1 or spice4 4 7#b7 ,exception ,paragraph 7#a7 of section #ijg7;a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;g7a77 is amended by adding at the end the following new subparagraph3 7,c7 ,exception for characterizing flavors ,to decrease smoking ,notwithstanding subparagraph 7,a71 an electronic nicotine delivery system product or any component or part of such a product may contain1 as a constituent 7including a smoke constituent7 or additive1 an artificial or natural flavor or an herb or spice1 that is a characterizing flavor of the tobacco product or tobacco smoke so long as the ,secretary1 in coordination with the ,commissioner of ,food and ,drugs1 determines that such characterizing flavor will be appropriate for the protection of public health because it-- 7i7 will significantly increase the likelihood of smoking cessation among current users of tobacco products2 7ii7 will not increase the likelihood that individuals who do not use tobacco products1 including youth1 will start using such products2 and 7iii7 will not increase the likelihood of harm to the person using the product4 4 7#c7 ,savings provision ,section #ijg7;a77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;g7a77#a771 as in effect on the date of enactment of this ,act1 shall remain in effect until the amendments made to such section #ijg7;a77#a7 by this subsection take effect4 #ajd4 ,fees applicable to all tobacco products 7a7 ,increase in total amount ,section #iai7;b77#a77,k7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chgs7b77#a77,k77 is amended by striking #gab1jjj1jjj and inserting #hab1jjj1jjj4 7b7 ,application of user fees to all classes of tobacco products ,paragraph 7#b7 of section #iai7;b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chgs7b77#b77 is amended to read as follows3 7#b7 ,allocations of assessment by class of tobacco products ,the total user fees assessed and collected under subsection 7a7 each fiscal year with respect to each class of tobacco products shall be an amount that is determined pursuant to a formula developed by the ,secretary4 ,such formula shall ensure that the amount of fees collected is increased by the total percentage change that occurred in the ,consumer ,price ,index for all urban consumers 7all items2 ,united ,states city average7 for the #ab-month period ending ,june #cj preceding the fiscal year4 4 7c7 ,allocation of assessment within each class of tobacco product ,section #iai7;b77#d7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chgs7b77#d77 is amended by striking shall be the percentage determined for purposes of allocations under subsections 7e7 through 7h7 of section #fbe of ,public ,law #ajh-ceg and inserting shall be the percentage determined by the ,secretary4 7d7 ,conforming amendments ,section #iai7;b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chgs7b77 is amended-- 7#a7 by striking paragraphs 7#e7 and 7#g72 and 7#b7 by redesignating paragraph 7#f7 as paragraph 7#e74 7e7 ,applicability ,the amendments made by this section apply beginning with fiscal year #bjbb4 ,section #iai of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chgs71 as in effect on the day before the date of enactment of this ,act1 shall apply with respect to fiscal years preceding fiscal year #bjbb4 #aje4 ,regulation of products containing synthetic nicotine 7a7 ,in general ,the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall-- 7#a7 not later than #a year after the date of enactment of this ,act1 issue an interim final rule providing for the regulation of products containing synthetic nicotine under the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq472 and 7#b7 not later than #b years after such date of enactment1 issue a final rule providing for such regulation4 7b7 ,synthetic nicotine defined ,in this section1 the term synthetic nicotine means nicotine that is not made or derived from tobacco4 ,,ii ,federal ,trade ,commission #bja4 ,advertising of tobacco products 7a7 ,advertising of electronic nicotine delivery systems 7#a7 ,in general ,it shall be unlawful-- 7,a7 to market1 advertise1 or promote any electronic nicotine delivery system in a manner that appeals to an individual under #ba years of age2 or 7,b7 to market1 advertise1 promote1 or endorse1 or to compensate any person for the marketing1 advertising1 promotion1 or endorsement of1 any electronic nicotine delivery system without clearly disclosing that the communication is an advertisement1 unless the communication is unambiguously identifiable as an advertisement4 7#b7 ,enforcement by ,commission 7,a7 ,unfair or deceptive acts or practices ,a violation of paragraph 7#a7 shall be treated as a violation of a regulation under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 regarding unfair or deceptive acts or practices4 7,b7 ,powers of ,commission ,the ,commission shall enforce paragraph 7#a7 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 ,act4 ,any person who violates such paragraph shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act4 7#c7 ,enforcement by ,state attorneys general 7,a7 ,in general ,if the attorney general of a ,state has reason to believe a violation of paragraph 7#a7 has occurred or is occurring1 the attorney general1 in addition to any authority the attorney general may have to bring an action in ,state court under the law of the ,state1 may bring a civil action in any court of competent jurisdiction to-- 7i7 enjoin further such violation by the defendant2 7ii7 enforce compliance with such paragraph2 7iii7 obtain civil penalties in the same amount as may be obtained by the ,commission in a civil action under section #e7m7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7m772 or 7iv7 obtain damages1 restitution1 or other compensation on behalf of residents of the ,state4 7,b7 ,notice ,before filing an action under subparagraph 7,a71 the attorney general of a ,state shall provide to the ,commission a written notice of such action and a copy of the complaint for such action4 ,if the attorney general determines that it is not feasible to provide the notice described in this subparagraph before the filing of the action1 the attorney general shall provide written notice of the action and a copy of the complaint to the ,commission immediately upon the filing of the action4 7,c7 ,authority of ,federal ,trade ,commission 7i7 ,in general ,on receiving notice under subparagraph 7,b7 of an action under subparagraph 7,a71 the ,commission shall have the right-- 7,i7 to intervene in the action2 7,,ii7 upon so intervening1 to be heard on all matters arising therein2 and 7,,iii7 to file petitions for appeal4 7ii7 ,limitation on ,state action while ,federal action is pending ,if the ,commission has instituted a civil action for violation of paragraph 7#a7 7referred to in this clause as the ,federal action71 no attorney general of a ,state may bring an action under subparagraph 7,a7 during the pendency of the ,federal action against any defendant named in the complaint in the ,federal action for any violation of such paragraph alleged in such complaint4 7,d7 ,relationship with ,state-law claims 7i7 ,preservation of ,state-law claims ,nothing in this section shall prevent the attorney general of a ,state from bringing an action under ,state law for acts or practices that also violate paragraph 7#a74 7ii7 ,assertion in same civil action ,if the attorney general of a ,state has authority to bring an action under ,state law for acts or practices that also violate paragraph 7#a71 the attorney general may assert the ,state-law claim and the claim for violation of such paragraph in the same civil action4 7,e7 ,actions by other ,state officials ,in addition to civil actions brought by attorneys general under subparagraph 7,a71 any other consumer protection officer of a ,state who is authorized by the ,state to do so may bring a civil action under such subparagraph1 subject to the same requirements and limitations that apply under this paragraph to civil actions brought by attorneys general4 7#d7 ,rulemaking authority ,the ,commission may promulgate regulations under section #eec of title #e1 ,united ,states ,code1 to implement paragraph 7#a74 7b7 ,report to ,congress on tobacco product advertising 7#a7 ,in general ,not later than #b years after the date of the enactment of this ,act1 and annually thereafter1 the ,commission shall submit to ,congress a report relating to each category of products described in paragraph 7#b7 7or a single report a portion of which relates to each such category7 that contains the following3 7,a7 ,information on domestic sales and advertising and promotional activity by the manufacturers that have the largest market shares of the product category4 7,b7 ,such recommendations for legislation as the ,commission may consider appropriate4 7#b7 ,product categories described ,the categories of products described in this paragraph are the following3 7,a7 ,cigarettes4 7,b7 ,cigars4 7,c7 ,smokeless tobacco4 7,d7 ,electronic nicotine delivery systems4 7c7 ,preservation of authority ,nothing in this section may be construed in any way to limit the ,commission's authority under any other provision of law4 7d7 ,definitions ,in this section3 7#a7 ,cigar ,the term cigar means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco 7other than any roll of tobacco which is a cigarette within the meaning of paragraph 7#b774 7#b7 ,cigarette ,the term cigarette has the meaning given such term in section #ijj of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg74 7#c7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#d7 ,electronic nicotine delivery system 7,a7 ,in general ,the term electronic nicotine delivery system means-- 7i7 an electronic device that-- 7,i7 converts a mixture containing nicotine or other substances into an aerosol to be inhaled by the user2 and 7,,ii7 is a tobacco product2 or 7ii7 a mixture that-- 7,i7 contains nicotine or other substances that can be aerosolized and inhaled by the user2 and 7,,ii7 is a tobacco product4 7,b7 ,exclusion ,the term electronic nicotine delivery system does not include any product that-- 7i7 has been approved or otherwise authorized by the ,food and ,drug ,administration for the purpose of sale as a tobacco cessation product or for other therapeutic purposes2 and 7ii7 is marketed and sold solely for such purpose or purposes4 7#e7 ,endorse ,the term endorse means to communicate an advertising message 7including a verbal statement1 demonstration1 or depiction of the name1 signature1 likeness1 or other identifying personal characteristics of an individual or the name or seal of an organization7 that consumers are likely to believe reflects the opinions1 beliefs1 findings1 or experiences of a party other than the sponsoring advertiser1 even if the views expressed by such party are identical to those of the sponsoring advertiser4 7#f7 ,nicotine ,the term nicotine has the meaning given such term in section #ijj of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg74 7#g7 ,smokeless tobacco ,the term smokeless tobacco has the meaning given such term in section #ijj of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg74 7#h7 ,tobacco product ,the term tobacco product has the meaning given such term in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba74