Federal - HR 2339

A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to the sale and marketing of tobacco products, and for other purposes.

Introduced

April 18, 2019

Description

A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to the sale and marketing of tobacco products, and for other purposes.

Our Position

Support

Original Sponsor 1

Co-Sponsors 126

Latest Actions See More/Less

  • March 2, 2020Granger, R-Texas, House speech: Personal explanation for roll call vote no.78, and would have voted nay if present. Congressional Record p. E240

  • March 2, 2020Long, R-Mo., House speech: Personal explanation for roll call vote no.78, and would have voted nay if present. Congressional Record p. E243

  • March 2, 2020Long, R-Mo., House speech: Personal explanation for roll call vote no.77, and would have voted yea if present. Congressional Record p. E243

  • March 2, 2020K. Brady, R-Texas, House speech: Personal explanation for roll call vote no.77, and would have voted yea if present. Congressional Record p. E241

  • March 2, 2020Granger, R-Texas, House speech: Personal explanation for roll call vote no.77, and would have voted yea if present. Congressional Record p. E240

  • March 2, 2020Cuellar, D-Texas, House speech: Personal explanation for roll call vote no.78, and would have voted yea if present. Congressional Record p. E240

  • March 2, 2020Mullin, R-Okla., House speech: Personal explanation for roll call vote no.78, and would have voted nay if present. Congressional Record p. E239

  • March 2, 2020Mullin, R-Okla., House speech: Personal explanation for roll call vote no.75, and would have voted nay if present. Congressional Record p. E239

  • March 2, 2020Mullin, R-Okla., House speech: Personal explanation for roll call vote no.74, and would have voted nay if present. Congressional Record p. E239

  • March 2, 2020Mullin, R-Okla., House speech: Personal explanation for roll call vote no.77, and would have voted yea if present. Congressional Record p. E239

  • March 2, 2020 — Received in the Senate and referred to the Senate Finance Committee. Congressional Record p. S1253

  • Feb. 28, 2020Massie, R-Ky., House speech: Personal explanation for roll call vote no.78, and would have voted nay if present. Congressional Record p. E237

  • Feb. 28, 2020Murphy, R-N.C., House speech: Congressional Record p. E236

  • Feb. 28, 2020Massie, R-Ky., House speech: Personal explanation for roll call vote no.77, and would have voted yea if present. Congressional Record p. E237

  • Feb. 28, 2020House Vote 78 Flavored Tobacco Regulations — Passage
    Passage of the bill that would give the Food and Drug Administration statutory authority over all tobacco products, including electronic nicotine delivery systems, or vaping products. It would prohibit flavored vaping products beginning 30 days after enactment and prohibit all flavored tobacco products beginning one year after enactment. The bill would require the FDA to issue a number of regulations on the sale and distribution of tobacco, including to apply existing rules for health warnings on cigarettes to all tobacco products and to prohibit remote retail sales of tobacco products, including online and through vending machines. It would double civil penalties for violations of such FDA regulations. It would prohibit the advertisement of vaping products in a manner that appeals to individuals under the age of 21 or without clearly disclosing the communication as an advertisement, and it would allow the Federal Trade Commission and state attorneys general to enforce such bans. The bill would authorize a total of $400 million annually for fiscal 2021 through 2025 for Center for Disease Control and Health and Human Services Department activities related to tobacco cessation and preventing tobacco addiction, including $75 million for CDC medical outreach programs in medically underserved communities; $75 million for Health and Human Services Department research; and $50 million for CDC and HHS public awareness and education activities related to tobacco use, with a focus on youth and young adults. Among other provisions, the bill would clarify that the purchase or possession of flavored tobacco products would not be subject to criminal penalty; establish an excise tax on nicotine used for vaping; require the FDA to issue regulations on products containing alternative nicotine; and require a Government Accountability Report on tobacco cessation, secondhand exposure, and harmful effects in relation to vaping. It would also specify that Medicare will cover colorectal cancer screenings beginning in 2024 and it would permit high deductible health plans to cover inhalers for treatment of chronic lung disease before the plan's deductible is met. Passed 213-195. Note: A "nay" was a vote in support of the president's position. Congressional Record p. H1289

  • Feb. 28, 2020House Vote 77 Flavored Tobacco Regulations — Recommit
    Walden, R-Ore., motion to recommit the bill to the House Energy and Commerce Committee with instructions to report it back immediately with an amendment that would require health care practitioners to provide the same care to a child that is "born alive" after an abortion or attempted abortion as they would for a child born at the same gestational age and to ensure the child is immediately transported and admitted to a hospital. It would establish penalties and authorize civil relief against practitioners who violate these requirements. Motion rejected 187-220. Congressional Record p. H1286-H1289

  • Feb. 28, 2020 — Considered by the House. Congressional Record p. H1257-H1286, H1286-H1289

  • Feb. 27, 2020House Vote 75 Flavored Tobacco Regulations — Rule
    Adoption of the rule (H Res 866) that would provide for floor consideration of the bill (HR 2339). The rule would also provide for automatic adoption of a Pallone, D-N.J., manager's amendment to the bill that would make technical corrections, including to add mango to a list of prohibited flavors for use in flavored electronic nicotine delivery systems. Adopted 210-200. Congressional Record p. H1240-H1241

  • Feb. 27, 2020House Vote 74 Flavored Tobacco Regulations — Previous Question
    Shalala, D-Fla., motion to order the previous question (thus ending debate and possibility of amendment) on the rule (H Res 866) that would provide for floor consideration of the bill (HR 2339). The rule would also provide for automatic adoption of a Pallone, D-N.J., manager's amendment to the bill that would make technical corrections, including to add mango to a list of prohibited flavors for use in flavored electronic nicotine delivery systems. Motion agreed to 224-189. Congressional Record p. H1239-H1240

  • Feb. 27, 2020Statement of Administration Policy issued by Office of Management and Budget.

  • Feb. 26, 2020 — Rules Committee resolution, H Res 866, reported to the House as a rule for HR 2339.

  • Feb. 26, 2020 — House Rules Committee granted a closed rule providing for consideration of the bill. Congressional Record p. H1223, H1224

  • Feb. 26, 2020 — Full committee proceeding held by the House Rules Committee.

  • Feb. 21, 2020 — Reported to the House amended by the House Energy and Commerce Committee and placed on the Union Calendar. H Rept 116-402Congressional Record p. H1168

  • Feb. 21, 2020 — Additional cosponsor(s): 8

    Cicilline, (D-R.I.)Jackson Lee, (D-Texas)Phillips, (D-Minn.)
    Clay, (D-Mo.)Larson, J. (D-Conn.)Vargas, (D-Calif.)
    Fitzpatrick, (R-Pa.)Levin, (D-Mich.)
  • Feb. 18, 2020 — Additional cosponsor(s): 2

    Haaland, (D-N.M.)Thompson, M. (D-Calif.)
  • Feb. 13, 2020 — Additional cosponsor(s): 1

    Gomez, (D-Calif.)
  • Feb. 11, 2020 — Additional cosponsor(s): 1

    Waters, Maxine (D-Calif.)
  • Feb. 6, 2020 — Additional cosponsor(s): 1

    Carson, (D-Ind.)
  • Feb. 4, 2020 — Additional cosponsor(s): 1

    Garcia, (D-Texas)
  • Jan. 30, 2020 — Additional cosponsor(s): 2

    Nadler, (D-N.Y.)Rice, K. (D-N.Y.)
  • Jan. 28, 2020 — Additional cosponsor(s): 1

    McBath, (D-Ga.)
  • Jan. 24, 2020 — Additional cosponsor(s): 2

    Jeffries, (D-N.Y.)Maloney, S.P. (D-N.Y.)
  • Jan. 21, 2020 — Additional cosponsor(s): 1

    Slotkin, (D-Mich.)
  • Jan. 15, 2020 — Additional cosponsor(s): 1

    Serrano, (D-N.Y.)
  • Jan. 13, 2020 — Additional cosponsor(s): 1

    Espaillat, (D-N.Y.)
  • Jan. 7, 2020 — Additional cosponsor(s): 1

    Bonamici, (D-Ore.)
  • Dec. 23, 2019 — Additional cosponsor(s): 2

    Beatty, (D-Ohio)Speier, (D-Calif.)
  • Dec. 11, 2019 — Additional cosponsor(s): 2

    Castro, (D-Texas)Swalwell, (D-Calif.)
  • Dec. 6, 2019 — Additional cosponsor(s): 1

    Evans, (D-Pa.)
  • Dec. 5, 2019 — Additional cosponsor(s): 1

    Sanchez, (D-Calif.)
  • Dec. 3, 2019 — Additional cosponsor(s): 1

    Casten, (D-Ill.)
  • Nov. 26, 2019 — Additional cosponsor(s): 1

    Malinowski, (D-N.J.)
  • Nov. 21, 2019 — Additional cosponsor(s): 3

    Grijalva, (D-Ariz.)Porter, (D-Calif.)Trone, (D-Md.)
  • Nov. 19, 2019 — Full committee consideration and markup held by the House Energy and Commerce Committee.

    Nov. 19, 2019 — Committee Vote: Youth Tobacco Use — Civil Penalties
      Ruiz, D-Calif. —

    Amendment that would double the civil penalties on retailers who violate section 906 of the Family Smoking Prevention and Tobacco Control Act, which includes the prohibition on the sale and distribution of tobacco products to persons younger than 18 years of age.

    Amendment that would double the civil penalties on retailers who violate section 906 of the Family Smoking Prevention and Tobacco Control Act, which includes the prohibition on the sale and distribution of tobacco products to persons younger than 18 years of age.

    Adopted by voice vote.

    Nov. 19, 2019 — Committee Vote: Youth Tobacco Use — Disguised E-Cigarettes
      Ruiz, D-Calif. —

    Amendment that would require the secretary of Health and Human Services to issue regulations that would prohibit the sale and distribution of e-cigarette and vaping products that resemble other products and could reasonably be used by school-aged children to disguise their use. It also would direct the secretary to issue regulations that would require that every electronic nicotine delivery system bear a label clearly identifying it as such. It also would specify that such regulations would take effect two years after the bill's enactment.

    Amendment that would require the secretary of Health and Human Services to issue regulations that would prohibit the sale and distribution of e-cigarette and vaping products that resemble other products and could reasonably be used by school-aged children to disguise their use. It also would direct the secretary to issue regulations that would require that every electronic nicotine delivery system bear a label clearly identifying it as such. It also would specify that such regulations would take effect two years after the bill's enactment.

    Withdrawn.

    Nov. 19, 2019 — Committee Vote: Youth Tobacco Use — Point of Sale Tracking
      Eshoo, D-Calif. —

    Amendment that would require the commissioner of the Food and Drug Administration to issue, within one year of the bill's enactment, proposed regulations to require recordkeeping by any company that manufactures, processes and sells, transports, distributes, receives, packages, holds, exports, or imports tobacco products, as set out in the Federal Food, Drug, and Cosmetic Act. It would require that final regulations on such activities be issued within two years of the bill's enactment.

    Amendment that would require the commissioner of the Food and Drug Administration to issue, within one year of the bill's enactment, proposed regulations to require recordkeeping by any company that manufactures, processes and sells, transports, distributes, receives, packages, holds, exports, or imports tobacco products, as set out in the Federal Food, Drug, and Cosmetic Act. It would require that final regulations on such activities be issued within two years of the bill's enactment.

    Adopted by voice vote.

    Nov. 19, 2019 — Committee Vote: Youth Tobacco Use — Flavored Marijuana Products
      Griffith, R-Va. —

    Amendment that would expand the bill's ban on flavored tobacco products to include flavored marijuana products. It would specify that the flavor ban is in addition to such restrictions under the Controlled Substances Act.

    Amendment that would expand the bill's ban on flavored tobacco products to include flavored marijuana products. It would specify that the flavor ban is in addition to such restrictions under the Controlled Substances Act.

    Rejected 22-31.

    Nov. 19, 2019 — Committee Vote: Youth Tobacco Use — Tobacco Products User Fees
      Burgess, R-Texas —

    Amendment that would decrease by $100 million, to $712 million, the tobacco user fees authorized to be collected for fiscal 2020 unless the secretary of Health and Human Services, within 30 days of the bill's enactment, provides Congress with a progress report on implementation of the Food and Drug Administration's Center for Tobacco Products.

    Amendment that would decrease by $100 million, to $712 million, the tobacco user fees authorized to be collected for fiscal 2020 unless the secretary of Health and Human Services, within 30 days of the bill's enactment, provides Congress with a progress report on implementation of the Food and Drug Administration's Center for Tobacco Products.

    Rejected 22-31.

    Nov. 19, 2019 — Committee Vote: Youth Tobacco Use — Manager's Amendment
      Castor, D-Fla. —

    Manager's amendment that would direct the secretary of Health and Human Services to issue a final regulation prohibiting remote retail sales of tobacco products within 18 months of the bill's enactment. It would exempt handcrafted premium cigars from the ban on such remote retail sales.

    It also would require the Food and Drug Administration to establish age verification procedures for remote sales of certain cigars, and exempt such cigars from premarket FDA review. The amendment also would allow the HHS secretary to revoke the exemption if the secretary determines it to be a health risk or tracks a rise in use.

    It would require the FDA to collect tobacco product user fees based on the percentage of each class of tobacco products. It would require that for tobacco products not identified as a class of products, user fees are collected based on the percentage of the gross domestic sales in the previous calendar year attributable to such products.

    The amendment would task the National Academies of Sciences, Engineering, and Medicine with conducting a study on the public health impact of the exemption and the youth usage and market share of premium cigars.

    The amendment also would add language that would specify that possession of flavored tobacco products cannot be used as justification for law enforcement to stop and search an individual.

    Manager's amendment that would direct the secretary of Health and Human Services to issue a final regulation prohibiting remote retail sales of tobacco products within 18 months of the bill's enactment. It would exempt handcrafted premium cigars from the ban on such remote retail sales.

    It also would require the Food and Drug Administration to establish age verification procedures for remote sales of certain cigars, and exempt such cigars from premarket FDA review. The amendment also would allow the HHS secretary to revoke the exemption if the secretary determines it to be a health risk or tracks a rise in use.

    It would require the FDA to collect tobacco product user fees based on the percentage of each class of tobacco products. It would require that for tobacco products not identified as a class of products, user fees are collected based on the percentage of the gross domestic sales in the previous calendar year attributable to such products.

    The amendment would task the National Academies of Sciences, Engineering, and Medicine with conducting a study on the public health impact of the exemption and the youth usage and market share of premium cigars.

    The amendment also would add language that would specify that possession of flavored tobacco products cannot be used as justification for law enforcement to stop and search an individual.

    Adopted 29-24.

    Nov. 19, 2019 — Committee Vote: Youth Tobacco Use — Menthol Exemption
      Hudson, R-N.C. —

    Amendment that would exempt menthol from the ban on flavored tobacco products and electronic tobacco delivery systems like e-cigarettes and vapes. It also would exempt cigars and smokeless tobacco products like chewing tobacco from the bill's flavor ban. The amendment also would terminate the Food and Drug Administration's authority to regulate large premium cigars.

    Amendment that would exempt menthol from the ban on flavored tobacco products and electronic tobacco delivery systems like e-cigarettes and vapes. It also would exempt cigars and smokeless tobacco products like chewing tobacco from the bill's flavor ban. The amendment also would terminate the Food and Drug Administration's authority to regulate large premium cigars.

    Rejected 25-28.

    Nov. 19, 2019 — Committee Vote: Youth Tobacco Use — Public Information About Enforcement
      Y. Clarke, D-N.Y. —

    Amendment that would require the Food and Drug Administration to issue educational materials to health care providers, members of the public and law enforcement officials regarding the FDA's authority to regulate tobacco products, its enforcement tools and other information on available resources related to smoking cessation.

    Amendment that would require the Food and Drug Administration to issue educational materials to health care providers, members of the public and law enforcement officials regarding the FDA's authority to regulate tobacco products, its enforcement tools and other information on available resources related to smoking cessation.

    Adopted by voice vote.

    Nov. 19, 2019 — Committee Vote: Youth Tobacco Use — User Fees Sunset
      Burgess, R-Texas —

    Amendment that would sunset the authority to collect tobacco user fees under the Federal Food, Drug, and Cosmetic Act on Oct. 1, 2024.

    Amendment that would sunset the authority to collect tobacco user fees under the Federal Food, Drug, and Cosmetic Act on Oct. 1, 2024.

    Rejected 22-29.

    Nov. 19, 2019 — Committee Vote: Youth Tobacco Use — Age Restriction Exemption for Servicemembers
      Mullin, R-Okla. —

    Amendment that would allow individuals under the age of 21 with a valid military identification card to purchase tobacco products.

    Amendment that would allow individuals under the age of 21 with a valid military identification card to purchase tobacco products.

    Rejected 25-27.

    Nov. 19, 2019 — Committee Vote: Youth Tobacco Use — Black Market
      Walden, R-Ore. —

    Amendment that would require the Food and Drug Administration, when making a determination about regulatory approval of a flavored electronic nicotine delivery product for smoking cessation, to consider whether declining approval could foster a black market for such products.

    Amendment that would require the Food and Drug Administration, when making a determination about regulatory approval of a flavored electronic nicotine delivery product for smoking cessation, to consider whether declining approval could foster a black market for such products.

    Rejected by voice vote.

    Nov. 19, 2019 — Committee Vote: Youth Tobacco Use — Vote to Report

    Prohibit, beginning one year after the bill's enactment, tobacco products from containing an artificial or natural flavor, including fruit, candy and menthol.

    As amended, the bill would exempt a narrow category of handcrafted flavored cigars from the ban. It would allow the secretary of Health and Human Services to revoke the exemption if it was established that it posed an emerging public health threat or caused use of those products to rise.

    The bill also would raise the federal minimum age to purchase tobacco products from 18 to 21, prohibit flavoring of tobacco products and outlaw marketing electronic nicotine delivery systems to individuals under the age of 21.

    It would authorize the secretary of Health and Human Services to collect $712 million in tobacco product user fees in fiscal 2019 and $812 million in fiscal 2020. It also would specify that for each subsequent fiscal year, the amount of user fees collected would be increased by the total percentage change in the consumer price index for the 12-month period ending June 30 preceding the fiscal year. It also would direct the HHS secretary to develop a formula to assess such user fees for each class of tobacco products.

    As amended, it would:

    • Direct the HHS secretary to issue a final regulation prohibiting remote retail sales of tobacco products within 18 months of the bill's enactment.
    • Require the Food and Drug Administration to make educational materials available to law enforcement and health care providers in order to prevent discrimination against African American menthol smokers.
    • Require the FDA to formalize protocols for tracking and tracing tobacco products from the point of manufacture.
    • Increase the civil penalties paid by retailers for selling to minors and requires a report by the Government Accountability Office about the relationship of e-cigarettes to tobacco cessation.
    • Clarify that possession or consumption a flavored tobacco product does not trigger criminal penalties or provide justification to stop or search the smoker.

    Prohibit, beginning one year after the bill's enactment, tobacco products from containing an artificial or natural flavor, including fruit, candy and menthol.

    As amended, the bill would exempt a narrow category of handcrafted flavored cigars from the ban. It would allow the secretary of Health and Human Services to revoke the exemption if it was established that it posed an emerging public health threat or caused use of those products to rise.

    The bill also would raise the federal minimum age to purchase tobacco products from 18 to 21, prohibit flavoring of tobacco products and outlaw marketing electronic nicotine delivery systems to individuals under the age of 21.

    It would authorize the secretary of Health and Human Services to collect $712 million in tobacco product user fees in fiscal 2019 and $812 million in fiscal 2020. It also would specify that for each subsequent fiscal year, the amount of user fees collected would be increased by the total percentage change in the consumer price index for the 12-month period ending June 30 preceding the fiscal year. It also would direct the HHS secretary to develop a formula to assess such user fees for each class of tobacco products.

    As amended, it would:

    • Direct the HHS secretary to issue a final regulation prohibiting remote retail sales of tobacco products within 18 months of the bill's enactment.
    • Require the Food and Drug Administration to make educational materials available to law enforcement and health care providers in order to prevent discrimination against African American menthol smokers.
    • Require the FDA to formalize protocols for tracking and tracing tobacco products from the point of manufacture.
    • Increase the civil penalties paid by retailers for selling to minors and requires a report by the Government Accountability Office about the relationship of e-cigarettes to tobacco cessation.
    • Clarify that possession or consumption a flavored tobacco product does not trigger criminal penalties or provide justification to stop or search the smoker.
    • Ordered reported favorably to the full House (as amended) 28-24.

  • Nov. 13, 2019 — Subcommittee consideration and markup held by the House Energy and Commerce Committee, Subcommittee on Health.

    Nov. 13, 2019 — Subcommittee Vote: Youth Tobacco Use — Substitute Amendment
      Pallone, D-N.J. —

    Substitute amendment that would make several technical changes to the bill.

    The amendment would change the deadline for the secretary of Health and Human Services to issue a final rule on graphic warning labels for cigarettes from 12 months after the bill's enactment, to March 15, 2020. It also would add language specifying that if the secretary fails to issue a final rule, the proposed regulation issued by the Food and Drug Administration on Aug. 16, 2019, would be treated as the final rule. FDA

    The amendment also would add language to clarify that nothing in the bill would preempt state and local authority and would clarify the legal responsibility of individuals who possess tobacco products made illegal under the act.

    The amendment also would remove the exception for tobacco flavored products that would have allowed them to be marketed if they can show it would result in a decrease in smoking.

    It also would increase the amount for tobacco product user fees included in the bill, from $712 million in fiscal 2019 to $812 million in fiscal 2020, and increase by the consumer price index rate of inflation in subsequent years.

    It also would require the FDA to review all public health awareness campaigns designed to educate at-risk individuals about the harm of tobacco and e-cigarette use, and modify the campaigns to include materials for individuals between 18 and 21 years old.

    The amendment also would clarify the definition of an electronic nicotine delivery system used in the bill.

    Substitute amendment that would make several technical changes to the bill.

    The amendment would change the deadline for the secretary of Health and Human Services to issue a final rule on graphic warning labels for cigarettes from 12 months after the bill's enactment, to March 15, 2020. It also would add language specifying that if the secretary fails to issue a final rule, the proposed regulation issued by the Food and Drug Administration on Aug. 16, 2019, would be treated as the final rule. FDA

    The amendment also would add language to clarify that nothing in the bill would preempt state and local authority and would clarify the legal responsibility of individuals who possess tobacco products made illegal under the act.

    The amendment also would remove the exception for tobacco flavored products that would have allowed them to be marketed if they can show it would result in a decrease in smoking.

    It also would increase the amount for tobacco product user fees included in the bill, from $712 million in fiscal 2019 to $812 million in fiscal 2020, and increase by the consumer price index rate of inflation in subsequent years.

    It also would require the FDA to review all public health awareness campaigns designed to educate at-risk individuals about the harm of tobacco and e-cigarette use, and modify the campaigns to include materials for individuals between 18 and 21 years old.

    The amendment also would clarify the definition of an electronic nicotine delivery system used in the bill.

    Adopted (as amended) by voice vote.

    Nov. 13, 2019 — Subcommittee Vote: Youth Tobacco Use — FDA Tobacco User Fees
      Burgess, R-Texas —

    Amendment to the Pallone, D-N.J., substitute amendment that would strike the section of the bill that would increase the Food and Drug Administration tobacco user fees.

    The amendment also would require the secretary of Health and Human Services to submit a written explanation to appropriate congressional committees on the failure of the FDA to submit progress reports required under the 2009 tobacco use prevention law (PL 111-31).

    Amendment to the Pallone, D-N.J., substitute amendment that would strike the section of the bill that would increase the Food and Drug Administration tobacco user fees.

    The amendment also would require the secretary of Health and Human Services to submit a written explanation to appropriate congressional committees on the failure of the FDA to submit progress reports required under the 2009 tobacco use prevention law (PL 111-31).

    Rejected 11-16.

    Nov. 13, 2019 — Subcommittee Vote: Youth Tobacco Use — Smoking Cessation in Medically Underserved Communities
      Butterfield, D-N.C. —

    Amendment to the Pallone, D-N.J., substitute amendment that would add language to the bill which would direct the Centers for Disease Control to provide public education to medically underserved communities to prevent tobacco and nicotine addiction

    The amendment also would require the secretary of Health and Human Services acting through the CDC to establish a demonstration grant program that would support the development of strategies to improve smoking cessation and the cessation of e-cigarette use in medically underserved communities. The program would include both communications and outreach tools as well as coordination of services for smoking cessation.

    It also would authorize appropriations of $3 million annually for fiscal 2020 through fiscal 2024 to carry out the demonstration grant program.

    Amendment to the Pallone, D-N.J., substitute amendment that would add language to the bill which would direct the Centers for Disease Control to provide public education to medically underserved communities to prevent tobacco and nicotine addiction

    The amendment also would require the secretary of Health and Human Services acting through the CDC to establish a demonstration grant program that would support the development of strategies to improve smoking cessation and the cessation of e-cigarette use in medically underserved communities. The program would include both communications and outreach tools as well as coordination of services for smoking cessation.

    It also would authorize appropriations of $3 million annually for fiscal 2020 through fiscal 2024 to carry out the demonstration grant program.

    Adopted by voice vote.

    Nov. 13, 2019 — Subcommittee Vote: Youth Tobacco Use — Black Market of Illicit Tobacco Products
      Walden, R-Ore. —

    Amendment to the Pallone, D-N.J., substitute amendment that would require the secretary of Health and Human Services to consider whether the denial of a marketing order for an electronic nicotine delivery system would increase the likelihood that individuals would purchase illicit tobacco products on the black market.

    Amendment to the Pallone, D-N.J., substitute amendment that would require the secretary of Health and Human Services to consider whether the denial of a marketing order for an electronic nicotine delivery system would increase the likelihood that individuals would purchase illicit tobacco products on the black market.

    Rejected by voice vote.

    Nov. 13, 2019 — Subcommittee Vote: Youth Tobacco Use — Premium Cigars
      Castor, D-Fla. —

    Amendment to the Pallone, D-N.J., substitute amendment that would exempt from the requirements included in the bill, "large and premium" cigars.

    The amendment also would define "large and premium" cigars as those that are wrapped in 100 percent leaf tobacco, bunched with 100 percent tobacco filler, and contain no filter, tip, or flavor additive.

    Amendment to the Pallone, D-N.J., substitute amendment that would exempt from the requirements included in the bill, "large and premium" cigars.

    The amendment also would define "large and premium" cigars as those that are wrapped in 100 percent leaf tobacco, bunched with 100 percent tobacco filler, and contain no filter, tip, or flavor additive.

    Withdrawn.

    Nov. 13, 2019 — Subcommittee Vote: Youth Tobacco Use — FDA Financial Reports
      Burgess, R-Texas —

    Amendment to the Pallone, D-N.J., substitute amendment that would require the Food and Drug Administration to submit financial and performance reports to Congress for each fiscal year in which tobacco user fees are collected as required in the 2009 tobacco use prevention law (PL 111-31).

    Amendment to the Pallone, D-N.J., substitute amendment that would require the Food and Drug Administration to submit financial and performance reports to Congress for each fiscal year in which tobacco user fees are collected as required in the 2009 tobacco use prevention law (PL 111-31).

    Adopted by voice vote.

    Nov. 13, 2019 — Subcommittee Vote: Youth Tobacco Use — Vote to Approve

    Amend the Federal Food, Drug, and Cosmetic Act with regard to the marketing and sale of tobacco products.

    The bill would prohibit any retailer, manufacturer, distributor, third-party marketplace, or any other commercial entity to sell a tobacco product to an individual under 21 years of age. The age requirement would be verified by checking a government-issued form of identification.

    The bill also would require retail sales of tobacco products to be conducted through a direct, face-to-face exchange between a retailer and a consumer.

    It also would require the FDA to promulgate rules to prohibit online or remote retail sales of all tobacco products within two years of the bills enactment.

    It also would prohibit artificial or natural flavoring from being added to a tobacco product. The bill also would exclude products and electronic nicotine delivery systems that can demonstrate it would lead to a cessation in smoking for the user and doesn't promote underage use.

    The bill also would instruct the secretary of Health and Human Services to develop regulations for products containing synthetic nicotine.

    The bill also would make it unlawful to market, advertise, or promote electronic nicotine delivery system to an individual under 21 years of age. It would also be illegal under the act for an individual to promote an electronic nicotine delivery system without clearly identifying the action as an advertisement.

    It also would codify existing regulations regarding FDA's jurisdiction over products deemed tobacco through regulation, including products like e-cigarettes, cigars and hookah.

    It also would require E-cigarette manufacturers to pay fees to the FDA the same way that traditional tobacco companies are currently required to pay. .

    It also would prohibit the advertising or promotion of e-cigarettes in a way that appeals to individuals under 21 years old. It also would allow the Federal Trade Commission and state attorneys general would have authorities to bring legal action against violators.

    It also would require the FTC within two years of the bill's enactment to issue an annual report to Congress with information about domestic sales and advertising by the largest tobacco product companies.

    As amended, it also would increase the amount for tobacco product user fees to $712 million in fiscal 2019 to $812 million in fiscal 2020, and increase by the consumer price index rate of inflation in subsequent years.

    As amended, it also would require the FDA to review all public health awareness campaigns designed to educate at-risk individuals about the harm of tobacco and e-cigarette use, and modify the campaigns to include materials for individuals between 18 and 21 years old.

    Amend the Federal Food, Drug, and Cosmetic Act with regard to the marketing and sale of tobacco products.

    The bill would prohibit any retailer, manufacturer, distributor, third-party marketplace, or any other commercial entity to sell a tobacco product to an individual under 21 years of age. The age requirement would be verified by checking a government-issued form of identification.

    The bill also would require retail sales of tobacco products to be conducted through a direct, face-to-face exchange between a retailer and a consumer.

    It also would require the FDA to promulgate rules to prohibit online or remote retail sales of all tobacco products within two years of the bills enactment.

    It also would prohibit artificial or natural flavoring from being added to a tobacco product. The bill also would exclude products and electronic nicotine delivery systems that can demonstrate it would lead to a cessation in smoking for the user and doesn't promote underage use.

    The bill also would instruct the secretary of Health and Human Services to develop regulations for products containing synthetic nicotine.

    The bill also would make it unlawful to market, advertise, or promote electronic nicotine delivery system to an individual under 21 years of age. It would also be illegal under the act for an individual to promote an electronic nicotine delivery system without clearly identifying the action as an advertisement.

    It also would codify existing regulations regarding FDA's jurisdiction over products deemed tobacco through regulation, including products like e-cigarettes, cigars and hookah.

    It also would require E-cigarette manufacturers to pay fees to the FDA the same way that traditional tobacco companies are currently required to pay. .

    It also would prohibit the advertising or promotion of e-cigarettes in a way that appeals to individuals under 21 years old. It also would allow the Federal Trade Commission and state attorneys general would have authorities to bring legal action against violators.

    It also would require the FTC within two years of the bill's enactment to issue an annual report to Congress with information about domestic sales and advertising by the largest tobacco product companies.

    As amended, it also would increase the amount for tobacco product user fees to $712 million in fiscal 2019 to $812 million in fiscal 2020, and increase by the consumer price index rate of inflation in subsequent years.

    As amended, it also would require the FDA to review all public health awareness campaigns designed to educate at-risk individuals about the harm of tobacco and e-cigarette use, and modify the campaigns to include materials for individuals between 18 and 21 years old.

    Approved for full committee consideration (as amended) by voice vote.
  • Nov. 13, 2019 — Additional cosponsor(s): 3

    Lofgren, (D-Calif.)Moore, (D-Wis.)Scanlon, (D-Pa.)
  • Nov. 12, 2019 — Additional cosponsor(s): 2

    Chu, (D-Calif.)Dean, (D-Pa.)
  • Nov. 5, 2019 — Additional cosponsor(s): 1

    Blumenauer, (D-Ore.)
  • Nov. 1, 2019 — Additional cosponsor(s): 2

    Garcia, (D-Ill.)Soto, (D-Fla.)
  • Oct. 30, 2019 — Additional cosponsor(s): 2

    Lujan, B.R. (D-N.M.)McNerney, (D-Calif.)
  • Oct. 28, 2019 — Additional cosponsor(s): 6

    Bera, (D-Calif.)Houlahan, (D-Pa.)Lawrence, (D-Mich.)
    DeSaulnier, (D-Calif.)Khanna, (D-Calif.)Takano, (D-Calif.)
  • Oct. 21, 2019 — Additional cosponsor(s): 5

    Demings, (D-Fla.)Kildee, (D-Mich.)Ruiz, (D-Calif.)
    Huffman, (D-Calif.)Matsui, (D-Calif.)
  • Oct. 18, 2019 — Provisions of HR 4742, the Protecting American Lungs Act, are included in the bill.

  • Oct. 17, 2019 — Provisions of HR 4716, the Inhaler Coverage and Access Now (I CAN) Act are included in the bill.

  • Oct. 11, 2019 — Additional cosponsor(s): 5

    Case, (D-Hawaii)Langevin, (D-R.I.)Payne (D-N.J.)
    Hayes, (D-Conn.)Norcross, (D-N.J.)
  • Oct. 8, 2019 — Additional cosponsor(s): 3

    Kelly, R. (D-Ill.)Kim, (D-N.J.)Rose, (D-N.Y.)
  • Oct. 4, 2019 — Additional cosponsor(s): 3

    Barragan, (D-Calif.)Cartwright, (D-Pa.)Plaskett, (D-V.I.)
  • Sept. 26, 2019 — Additional cosponsor(s): 3

    Johnson, E.B. (D-Texas)Lawson, (D-Fla.)Pressley, (D-Mass.)
  • Sept. 24, 2019 — Additional cosponsor(s): 11

    Cisneros, (D-Calif.)Heck, (D-Wash.)Napolitano, (D-Calif.)
    Davis, D. (D-Ill.)Krishnamoorthi, (D-Ill.)Pocan, (D-Wis.)
    Davis, S. (D-Calif.)Levin, (D-Calif.)Rouda, (D-Calif.)
    Gottheimer, (D-N.J.)Meng, (D-N.Y.)
  • Sept. 16, 2019 — Additional cosponsor(s): 7

    Brownley, (D-Calif.)Foster, (D-Ill.)Thompson, B. (D-Miss.)
    Deutch, (D-Fla.)Kuster, (D-N.H.)
    Dingell, (D-Mich.)Pappas, (D-N.H.)
  • Sept. 12, 2019 — Additional cosponsor(s): 1

    Stevens, (D-Mich.)
  • Sept. 11, 2019 — Additional cosponsor(s): 5

    Hastings, (D-Fla.)Kirkpatrick, (D-Ariz.)Schrier, (D-Wash.)
    Kilmer, (D-Wash.)Roybal-Allard, (D-Calif.)
  • Sept. 9, 2019 — Additional cosponsor(s): 2

    Cox, (D-Calif.)Tlaib, (D-Mich.)
  • Sept. 6, 2019 — Additional cosponsor(s): 2

    Hill, (D-Calif.)Watson Coleman, (D-N.J.)
  • Aug. 20, 2019 — Additional cosponsor(s): 1

    McCollum, (D-Minn.)
  • Aug. 9, 2019 — Additional cosponsor(s): 1

    Lewis, John (D-Ga.)
  • Aug. 6, 2019 — Additional cosponsor(s): 1

    Lowey, (D-N.Y.)
  • July 25, 2019 — Additional cosponsor(s): 2

    Craig, (D-Minn.)King, P. (R-N.Y.)
  • July 9, 2019 — Additional cosponsor(s): 3

    Cummings, (D-Md.)Lieu, (D-Calif.)Norton, (D-D.C.)
  • June 28, 2019 — Additional cosponsor(s): 3

    Larsen, R. (D-Wash.)Pingree, (D-Maine)Wasserman Schultz, (D-Fla.)
  • June 20, 2019 — Additional cosponsor(s): 3

    Engel, (D-N.Y.)Kennedy, Joseph P. (D-Mass.)Sewell, (D-Ala.)
  • June 12, 2019 — Additional cosponsor(s): 6

    Cohen, (D-Tenn.)Raskin, (D-Md.)Suozzi, (D-N.Y.)
    Quigley, (D-Ill.)Ryan, T. (D-Ohio)Tonko, (D-N.Y.)
  • May 30, 2019 — Additional cosponsor(s): 2

    Neguse, (D-Colo.)Schakowsky, (D-Ill.)
  • May 14, 2019 — Additional cosponsor(s): 2

    Blunt Rochester, (D-Del.)Mucarsel-Powell, (D-Fla.)
  • May 2, 2019 — Additional cosponsor(s): 1

    Underwood, (D-Ill.)
  • April 25, 2019 — Additional cosponsor(s): 3

    Lee, B. (D-Calif.)Rush, (D-Ill.)Sarbanes, (D-Md.)
  • April 18, 2019 — Original cosponsor(s): 1

    Shalala, (D-Fla.)
  • April 18, 2019 — Read twice and referred to: House Energy and Commerce.Congressional Record p. H3274

  • March 6, 2019 — Provisions of HR 1570, the Removing Barriers to Colorectal Cancer Screening Act, are included in the bill.