Stop Vaping Ads Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4249 To amend the Federal Cigarette Labeling and Advertising Act to extend the prohibition on electronic advertisements of cigarettes and little cigars to electronic nicotine delivery systems. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 9, 2019 Ms. BROWNLEY of California introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Cigarette Labeling and Advertising Act to extend the prohibition on electronic advertise- ments of cigarettes and little cigars to electronic nicotine delivery systems. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Stop Vaping Ads Act 4 of 2019’’. 5 VerDate Sep 11 2014 01:33 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4249.IH H4249 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4249 IH SEC. 2. PROHIBITION ON ELECTRONIC ADVERTISEMENTS 1 OF ELECTRONIC NICOTINE DELIVERY SYS- 2 TEMS. 3 Section 6 of the Federal Cigarette Labeling and Ad- 4 vertising Act (15 U.S.C. 1335) is amended— 5 (1) by striking ‘‘and little cigars’’ and inserting 6 ‘‘, little cigars, and electronic nicotine delivery sys- 7 tems’’; 8 (2) by striking ‘‘After’’ and inserting the fol- 9 lowing: 10 ‘‘(a) IN GENERAL.—After’’; and 11 (3) by adding at the end the following: 12 ‘‘(b) ELECTRONIC NICOTINE DELIVERY SYSTEM DE- 13 FINED.—In this section, the term ‘electronic nicotine de- 14 livery system’— 15 ‘‘(1) means any electronic device that delivers 16 nicotine, flavor, or another substance via an aero- 17 solized solution to the user inhaling from the device 18 (including e-cigarettes, e-hookah, e-cigars, vape pens, 19 advanced refillable personal vaporizers, and elec- 20 tronic pipes) and any component, liquid, part, or ac- 21 cessory of such a device, whether or not sold sepa- 22 rately; and 23 ‘‘(2) does not include a product that— 24 VerDate Sep 11 2014 01:33 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4249.IH H4249 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4249 IH ‘‘(A) is approved by the Food and Drug 1 Administration for sale as a tobacco cessation 2 product or for another therapeutic purpose; and 3 ‘‘(B) is marketed and sold solely for a pur- 4 pose described in subparagraph (A).’’. 5 Æ VerDate Sep 11 2014 01:33 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H4249.IH H4249 pamtmann on DSKBC07HB2PROD with BILLS