E-Cigarette Oversight and Accountability Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 5963 To amend the Federal Food, Drug, and Cosmetic Act with respect to report- ing of consumer complaints by electronic nicotine dispenser system manu- facturers and importers, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 25, 2020 Mr. KRISHNAMOORTHI (for himself and Mrs. CAROLYN B. MALONEY of New York) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act with respect to reporting of consumer complaints by electronic nicotine dispenser system manufacturers and importers, and for other purposes. 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 ‘‘E-Cigarette Oversight 4 and Accountability Act of 2020’’. 5 VerDate Sep 11 2014 02:01 Feb 26, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5963.IH H5963 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5963 IH SEC. 2. REPORTING OF CONSUMER COMPLAINTS BY ENDS 1 MANUFACTURERS AND IMPORTERS. 2 Section 904 of the Federal Food, Drug, and Cosmetic 3 Act (21 U.S.C. 287d) is amended by adding at the end 4 the following new subsection: 5 ‘‘(f) REPORTING OF CONSUMER COMPLAINTS BY 6 ENDS MANUFACTURERS AND IMPORTERS.— 7 ‘‘(1) IN GENERAL.—Not later than the date 8 that is 1 year after the date of enactment of the E- 9 Cigarette Oversight and Accountability Act of 2020, 10 and annually thereafter, each manufacturer or im- 11 porter of an electronic nicotine delivery system shall 12 submit a report to the Secretary describing each 13 consumer complaint received by the manufacturer or 14 importer during the reporting period with respect to 15 such system. 16 ‘‘(2) COMPLAINTS INCLUDED.—The consumer 17 complaints to be reported under paragraph (1) shall 18 include complaints regarding— 19 ‘‘(A) adverse health effects associated with 20 use of the electronic nicotine delivery system; 21 ‘‘(B) problematic marketing techniques as- 22 sociated with the electronic nicotine delivery 23 system; and 24 VerDate Sep 11 2014 02:01 Feb 26, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5963.IH H5963 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5963 IH ‘‘(C) the illegal presence or offering for 1 sale of the electronic nicotine delivery system in 2 a retail facility or online. 3 ‘‘(3) CONSUMER PRIVACY.—The Secretary— 4 ‘‘(A) shall maintain the confidentiality of 5 any individually identifiable consumer informa- 6 tion reported pursuant to this subsection; and 7 ‘‘(B) shall not require the inclusion of any 8 such information in a report under this sub- 9 section.’’. 10 SEC. 3. PUBLIC AVAILABILITY OF APPROVED PREMARKET 11 APPLICATIONS FOR CERTAIN TOBACCO 12 PRODUCTS. 13 Subsection (c) of section 910 of the Federal Food, 14 Drug, and Cosmetic Act (21 U.S.C. 387j) is amended by 15 adding at the end the following new paragraph: 16 ‘‘(6) PUBLIC AVAILABILITY.—The Secretary 17 shall establish, and update every 30 days, a publicly 18 available database that contains a list of all tobacco 19 products for which an order under paragraph 20 (1)(A)(i) (authorizing the product to be introduced 21 or delivered for introduction into interstate com- 22 merce) is in effect.’’. 23 Æ VerDate Sep 11 2014 02:01 Feb 26, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H5963.IH H5963 pamtmann on DSKBC07HB2PROD with BILLS