,,ii #aafth ,,congress #ast ,session ,s4 #fee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #e1 #bjai,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 ,findings ,congress finds as follows3 7#a7 ,tobacco use almost always begins during adolescence and1 because nicotine is addictive1 most youth tobacco users continue to use tobacco as adults1 even if they intended to quit4 7#b7 ,according to the ,surgeon ,general1 the use of products containing nicotine in any form among youth1 including e-cigarettes1 is unsafe and nicotine exposure during adolescence can cause addiction and can harm the developing brain4 7#c7 ,in #bjah1 youth e-cigarette use increased by #gh percent among high school students and by #dh percent among middle school students4 ,more than #c1fjj1jjj youth currently use e-cigarettes1 an increase of #a1ejj1jjj high school and middle school students in one year4 7#d7 ,in #bjah1 #bh percent of high school e-cigarette users and #af percent of middle school e-cigarette users reported frequent use of e-cigarettes1 using e-cigarettes on at least #bj of the preceding #cj days4 7#e7 ,rising use of e-cigarettes among youth is hindering progress in reducing youth tobacco use4 ,the use of any tobacco product increased by #ch percent among high school students and #bi percent among middle school students between #bjag and #bjah4 7#f7 ,both the ,surgeon ,general and the ,commissioner of ,food and ,drugs have called the recent surge in youth e-cigarettes use an epidemic4 7#g7 ,the ,surgeon ,general issued an advisory in #bjah emphasizing the need to take immediate action to stem the youth e-cigarette epidemic and to protect youth from a lifetime of nicotine addiction and related health risks4 7#h7 ,youth use of cigars is a public health concern4 ,high school boys smoke cigars at a higher rate than cigarettes 7#i percent for cigars and #g4f percent for cigarettes74 7#i7 ,flavors play a significant role in attracting youth to tobacco products and make such products easier to use by masking the harshness of tobacco products4 7#aj7 ,a #bjag study identified more than #ae1jjj unique e-cigarette flavors available online4 ,e-cigarettes come in flavors such as gummy bear1 cotton candy1 and fruit loops4 7#aa7 ,the number of unique cigar flavor names more than doubled1 from #ajh to #bej1 between #bjjh and #bjae1 and flavored cigars made up more than half of the convenience store cigar market in #bjae4 ,cigars come in flavors such as chocolate1 watermelon1 and tropical fusion and are sold in convenience stores for as little as #c for #ii cents4 7#ab7 ,youth often begin tobacco use with a flavored product4 ,eighty-one percent of youth who have ever used a tobacco product started with a flavored tobacco product4 7#ac7 ,flavors are a primary reason why youth use e-cigarettes and cigars4 ,eighty-two percent of current youth e-cigarette users and #gd percent of current youth cigar smokers said they used these products because they come in flavors ,i like4 7#ad7 ,in #bjah1 the ,food and ,drug ,administration and the ,federal ,trade ,commission took action against some deceptive e-liquid products that look like kid-friendly juice boxes1 cookies1 and candy4 ,many similar products remain on the market4 7#ae7 ,the ,american ,association of ,poison ,control ,centers reported more than #cajj calls in #bjah due to exposure to e-liquids1 and the ,american ,academy of ,pediatrics has warned about the dangers of accidental poisonings because of the appeal of the packaging of flavored products4 7#af7 ,curbing the use of flavors in tobacco products will help to protect youth from nicotine addiction and tobacco-caused diseases such as cancer1 heart disease1 and respiratory disease4 #c4 ,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