,i  #aahth ,,congress  #b;d ,session    
,h4 ,r4 #icfg  ,,in ,,the ,,house ,,of  
,,representatives  ,august #af1         
#bjbd,mr4 ,de,saulnier 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 to require a 
recall of electronic nicotine delivery  
systems that have not been subject to   
premarket review1 and for other         
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,preventing ,vape   
,use ,act4  #b4 ,inclusion of ,,ends in 
definition of tobacco product  7a7      
,confirmation of inclusion of ,,ends in 
definition of tobacco product ,section  
#bja7rr77#a7 of the ,federal ,food1     
,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4
 #cba7rr77#a77 is amended by adding at  
the end the following3 ,such term       
includes an electronic nicotine delivery
 system44  7b7 ,,ends defined ,section  
#bja of the ,federal ,food1 ,drug1 and  
,cosmetic ,act 7#ba ,u4,s4,c4 #cba7 is  

amended by adding at the end the        
following3  7ss7 ,the term electronic   
nicotine delivery system means a tobacco
 product that is an 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 separately4 
4  #c4 ,mandatory recall of ,,ends      
pending premarket review ,section       
#ijh7;c7 of the ,federal ,food1 ,drug1  
and ,cosmetic ,act 7#ba ,u4,s4,c4       
#chg;h7c77 is amended by adding at the  
end the following3  7#d7 ,mandatory     
recall of ,,ends pending premarket      
review  7,a7 ,issuance of order         
,notwithstanding paragraphs 7#a7 and    
7#b71 in the case of a tobacco product  
that is an electronic nicotine delivery 
system with respect to which1 as of the 

date of the enactment of this           
subparagraph1 an order under section    
#iaj7;c77#a77;,a77i7 has not been       
issued1 the ,secretary shall1 not later 
than #fj days after such date of        
enactment1 issue an order requiring--   
7i7 the appropriate person 7including a 
manufacturer1 importer1 distributor1 or 
retailer of the tobacco product7 to     
immediately cease distribution of such  
tobacco product2 and  7ii7 the recall of
 such tobacco product4  7,b7 ,hearing   
,the order under subparagraph 7,a7 shall
 provide the person subject to the order
 with an opportunity for an informal    
hearing1 to be held not later than #aj  
days after the date of the issuance of  
the order1 on the actions required by   
the order and the terms of the recall   
required by such order4  7,c7 ,contents 
of order ,an order issued under         
subparagraph 7,a7 shall specify a       
timetable in which the tobacco product  
recall will occur and shall require     
periodic reports to the ,secretary      

describing the progress of the recall4  
7,d7 ,notice ,an order under            
subparagraph 7,a7-- 7i7 shall not       
include recall of a tobacco product from
 individuals2 and  7ii7 shall provide   
for notice to persons subject to the    
risks associated with the use of such   
tobacco product4  7,e7 ,assistance      
allowed ,in providing the notice        
required by subparagraph 7,d77ii71 the  
,secretary may use the assistance of    
retailers and other persons who         
distributed such tobacco product4 ,if a 
significant number of such persons      
cannot be identified1 the ,secretary    
shall notify such persons under section 
#gje7;b74  7,f7 ,withdrawal of order    
,the ,secretary may only withdraw an    
order issued under subparagraph 7,a7    
with respect to a tobacco product       
described in such subparagraph upon the 
issuance of an order section            
#iaj7;c77#a77;,a77i7 with respect to    
that product4  4  #d4 ,no exemptions    
allowed for ,,ends ,section #iaj7;a7 of 

the ,federal ,food1 ,drug1 and ,cosmetic
 ,act 7#ba ,u4,s4,c4 #chg;j7a77 is      
amended--  7#a7 in paragraph 7#b71 by   
adding at the end the following3  7,c7  
,application to ,,ends ,notwithstanding 
clauses 7i7 and 7ii7 of subparagraphs   
7,a7 and 7,b71 beginning on the date    
that is #fj days after the date of the  
enactment of this subparagraph--  7i7   
electronic nicotine delivery systems are
 deemed to be not substantially         
equivalent to any predicate tobacco     
product2 and  7ii7 the requirement for  
premarket review under subparagraph 7,a7
 shall apply to a tobacco product that  
is an electronic nicotine delivery      
system4  2 and  7#b7 in paragraph       
7#c77;,c7-- 7,a7 by striking equivalent 
to a predicate and inserting the        
following3  equivalent-- 7,a7 to a      
predicate  2  7,b7 by striking          
adulterated4 and inserting adulterated2 
or2 and  7,c7 by adding at the end the  
following3  7,b7 beginning on the date  
that is #fj days after the date of the  

enactment of this subparagraph1 if the  
tobacco product is an electronic        
nicotine delivery system4  4