Bill Summary
The "Reversing the Youth Tobacco Epidemic Act of 2020" amends the Federal Food, Drug, and Cosmetic Act to address the sale and marketing of tobacco products. It includes provisions for cigarette graphic health warnings, advertising and sales parity, restricting flavors in tobacco products and electronic nicotine delivery systems, and increasing penalties for violating restrictions on tobacco product sales. The legislation also outlines fees applicable to all tobacco products and establishes outreach and education programs for medically underserved communities. The act also requires the Secretary of Health and Human Services to provide educational materials on tobacco product regulation and enforcement and increase civil penalties for violations. Additionally, the legislation calls for a study to be completed on the relationship between e-cigarettes and tobacco cessation.
Possible Impacts
1. The legislation includes provisions for cigarette graphic health warnings and regulates products containing synthetic nicotine, which will help reduce child and adolescent nicotine addiction.
2. The Secretary of Health and Human Services will publish a final rule regarding warnings for cigarette packages and advertisements, which will improve public education on the harmful effects of tobacco use.
3. The legislation establishes outreach programs and grants for medically underserved communities and increases penalties for violations of restrictions on tobacco product sales, which will benefit minority populations who are disproportionately affected by tobacco addiction.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3174 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3174
To amend the Federal Food, Drug, and Cosmetic Act with respect to the
sale and marketing of tobacco products, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 9, 2020
Mr. Brown (for himself, Mr. Merkley, Mr. Blumenthal, Mr. Whitehouse,
Mr. Markey, Mr. Durbin, Mr. Reed, Mr. Cardin, and Ms. Harris)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reversing the Youth Tobacco Epidemic
Act of 2020''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--FOOD AND DRUG ADMINISTRATION
Sec. 101. Cigarette graphic health warnings.
Sec. 102. Advertising and sales parity for all deemed tobacco products.
Sec. 103. Reducing child and adolescent nicotine addiction.
Sec. 104. Fees applicable to all tobacco products.
Sec. 105. Regulation of products containing synthetic nicotine.
Sec. 106. Update to youth tobacco prevention public awareness
campaigns.
Sec. 107. Public education.
TITLE II--FEDERAL TRADE COMMISSION
Sec. 201. Advertising of tobacco products.
TITLE III--PUBLIC HEALTH PROGRAMS
Sec. 301. Outreach to medically underserved communities.
Sec. 302. Demonstration grant program to develop strategies for smoking
cessation in medically underserved
communities.
TITLE IV--NICOTINE OR VAPING ACCESS PROTECTION AND ENFORCEMENT
Sec. 401. Increasing civil penalties applicable to certain violations
of restrictions on sale and distribution of
tobacco products.
Sec. 402. Study and report on e-cigarettes.
TITLE I--FOOD AND DRUG ADMINISTRATION
SEC. 101. CIGARETTE GRAPHIC HEALTH WARNINGS.
(a) Issuance Deadlines.--Not later than March 15, 2020, the
Secretary of Health and Human Services, acting through the Commissioner
of Food and Drugs, shall publish a final rule pursuant to the first
subsection (d) of section 4 of the Federal Cigarette Labeling and
Advertising Act (15 U.S.C. 1333). If the Secretary fails to promulgate
such final rule by March 15, 2020, the proposed rule entitled ``Tobacco
Products; Required Warnings for Cigarette Packages and Advertisements''
(84 Fed. Reg. 42754 (August 16, 2019)) shall be treated as a final rule
beginning on March 16, 2020.
(b) Conforming Change.--The first subsection (d) of section 4 of
the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333) is
amended by striking ``Not later than 24 months after the date of
enactment of the Family Smoking Prevention and Tobacco Control Act, the
Secretary'' and inserting ``The Secretary''.
SEC. 102. ADVERTISING AND SALES PARITY FOR ALL DEEMED TOBACCO PRODUCTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services, acting through
the Commissioner of Food and Drugs, shall promulgate a final rule
amending part 1140 of subchapter K of title 21, Code of Federal
Regulations (or any corresponding similar regulation or ruling)--
(1) to apply the provisions of such part 1140 (or any
corresponding similar regulation or ruling) to all tobacco
products, as applicable, to which chapter IX of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 387 et seq.) applies
pursuant to section 901(b) of such Act (21 U.S.C. 387a(b)), as
amended by section 103(a) of this Act; and
(2) to make such changes as may be necessary for
applicability to specific tobacco products and consistency with
the amendments made by section 103 of this Act.
(b) Effective Date.--The final rule required by subsection (a)
shall take effect on the date that is 2 years after the date of
enactment of this Act.
SEC. 103. REDUCING CHILD AND ADOLESCENT NICOTINE ADDICTION.
(a) Applicability To All Tobacco Products.--
(1) In general.--Subsection (b) of section 901 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387a) is
amended to read as follows:
``(b) Applicability.--This chapter shall apply to all tobacco
products.''.
(2) Rule of construction.--Section 901(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 387a(b)), as amended by
paragraph (1), shall not be construed to limit the
applicability of chapter IX of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 387 et seq.) to--
(A) products that were listed in section 901(b) of
such Act as in effect on the day before the date of
enactment of this Act; and
(B) products that were deemed by regulation to be
subject to such chapter pursuant to section 901(b) of
such Act as in effect on the day before the date of
enactment of this Act.
(b) Prohibition Against Remote Retail Sales.--Paragraph (4) of
section 906(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
387f(d)) is amended to read as follows:
``(4) Prohibition against remote retail sales.--Not later
than 2 years after the date of enactment of the Reversing the
Youth Tobacco Epidemic Act of 2020, the Secretary shall
promulgate a final regulation under paragraph (1) prohibiting
the retail sale of all tobacco products and all components,
parts, and accessories of tobacco products, other than retail
sales through a direct, face-to-face exchange between a
retailer and a consumer.''.
(c) Prohibiting Flavoring of Tobacco Products.--
(1) Prohibition.--
(A) In general.--Subparagraph (A) of section
907(a)(1) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 387g(a)(1)) is amended to read as follows:
``(A) Special rules.--
``(i) In general.--A tobacco product
(including its components, parts, and
accessories, including the tobacco, filter, or
paper) that is not an electronic nicotine
delivery system shall not contain, as a
constituent (including a smoke constituent) or
additive, an artificial or natural flavor
(other than tobacco) that is a characterizing
flavor of the tobacco product or tobacco smoke
or an herb or spice, including menthol, mint,
strawberry, grape, orange, clove, cinnamon,
pineapple, vanilla, coconut, licorice, cocoa,
chocolate, cherry, or coffee.
``(ii) Rule of construction.--Nothing in
this subparagraph shall be construed to limit
the Secretary's authority to take action under
this section or other sections of this Act
applicable to any artificial or natural flavor,
herb, or spice.
``(iii) Applicability to certain
individuals.--Notwithstanding any provision of
this Act, no individual who purchases or
possess for consumption a tobacco product that
is in violation of the prohibition under this
subparagraph shall be subject to any criminal
penalty under this Act for such purchase or
possession, nor shall it be used as a
justification to stop, search, or conduct any
other investigative measure against any
individual.''.
(B) Effective date.--The amendment made by
subparagraph (A) shall take effect 1 year after the
date of enactment of this Act.
(2) Flavored electronic nicotine delivery system.--Section
910 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
387j) is amended by inserting at the end the following:
``(h) Flavored Electronic Nicotine Delivery Systems.--
``(1) Restriction.--Beginning on the date that is 30 days
after the date of enactment of the Reversing the Youth Tobacco
Epidemic Act of 2020, any flavored electronic nicotine delivery
system that is a new tobacco product, including any liquid,
solution, or other component or part or its aerosol, shall not
contain an artificial or natural flavor (other than tobacco)
that is a characterizing flavor, including menthol, mint,
strawberry, grape, orange, clove, cinnamon, pineapple, vanilla,
coconut, licorice, cocoa, chocolate, cherry, or coffee, unless
the Secretary has issued a marketing order as described in
paragraph (2). Nothing in this paragraph shall be construed to
limit the Secretary's authority to take action under this
section or other sections of this Act applicable to any
artificial or natural flavor, herb, or spice.
``(2) Review.--The Secretary shall not issue a marketing
order under subsection (c)(1)(A)(i) or a substantial
equivalence order under subsection (a)(2)(A)(i) for any
electronic nicotine delivery system, including any liquid,
solution, or other component or part or its aerosol, that
contains an artificial or natural flavor (other than tobacco)
that is a characterizing flavor, unless the Secretary issues an
order finding that the manufacturer has demonstrated that--
``(A) use of the characterizing flavor--
``(i) will significantly increase the
likelihood of smoking cessation among current
users of tobacco products; and
``(ii) will not increase the likelihood
that individuals who do not use tobacco
products, including youth, will start using any
tobacco product, including an electronic
nicotine delivery system; and
``(B) such electronic nicotine delivery system is
not more harmful to users than an electronic nicotine
delivery system that does not contain any
characterizing flavors.''.
(3) Definition of electronic nicotine delivery system.--
Section 900 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 387) is amended--
(A) by redesignating paragraphs (8) through (22) as
paragraphs (9) through (23), respectively; and
(B) by inserting after paragraph (7) the following
new paragraph:
``(8) Electronic nicotine delivery system.--The term
`electronic nicotine delivery system'--
``(A) means any electronic device that delivers
nicotine, flavor, or another substance via an
aerosolized solution to the user inhaling from the
device (including e-cigarettes, e-hookah, e-cigars,
vape pens, advanced refillable personal vaporizers, and
electronic pipes) and any component, liquid, part, or
accessory of such a device, whether or not sold
separately; and
``(B) does not include a product that--
``(i) is approved by the Food and Drug
Administration for sale as a tobacco cessation
product or for another therapeutic purpose; and
``(ii) is marketed and sold solely for a
purpose described in clause (i).''.
SEC. 104. FEES APPLICABLE TO ALL TOBACCO PRODUCTS.
(a) Increase in Total Amount.--Section 919(b)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 387s(b)(1)) is amended by
striking subparagraph (K) and inserting the following subparagraphs:
``(K) For fiscal year 2019, $712,000,000.
``(L) For fiscal year 2020, $812,000,000.
``(M) For each subsequent fiscal year, the amount
that was applicable for the previous fiscal year,
adjusted by the total percentage change that occurred
in the Consumer Price Index for all urban consumers
(all items; United States city average) for the 12-
month period ending June 30 preceding the fiscal
year.''.
(b) Application of User Fees to All Classes of Tobacco Products.--
(1) In general.--Subparagraph (A) of section 919(b)(2) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387s(b)(2))
is amended to read as follows:
``(A) In general.--
``(i) Fiscal years 2020 and 2021.--For
fiscal years 2020 and 2021, user fees shall be
assessed and collected under subsection (a)
only with respect to the classes of tobacco
products listed in subparagraph (B)(i), and the
total such user fees with respect to each such
class shall be an amount that is equal to the
applicable percentage of each such class for
the fiscal year multiplied by the amount
specified in paragraph (1) for the fiscal year.
``(ii) Subsequent fiscal years.--For fiscal
year 2022 and each subsequent fiscal year, user
fees shall be assessed and collected under
subsection (a) with respect to each class of
tobacco products to which this chapter applies,
and the total user fees with respect to each
class shall be--
``(I) with respect to each class of
tobacco products listed in subparagraph
(B)(i), an amount that is calculated in
the same way as the amounts calculated
for fiscal years 2020 and 2021 under
clause (i), except that for purposes of
fiscal years 2022 and subsequent fiscal
years, instead of multiplying the
applicable percentage of each class by
`the amount specified in paragraph (1)
for the fiscal year', the applicable
percentage shall be multiplied by--
``(aa) the amount specified
in paragraph (1) for the fiscal
year, reduced by
``(bb) the total user fees
assessed and collected pursuant
to subclause (II) for the
fiscal year; and
``(II) with respect to each class
of tobacco products to which this
chapter applies but which is not listed
in subparagraph (B)(i), an amount
determined pursuant to a formula under
subparagraph (C).''.
(2) Other tobacco products.--Section 919(b)(2) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387s(b)(2)), as
amended by paragraph (1), is further amended by adding at the
end the following new subparagraphs:
``(C) Allocation for other tobacco products.--
``(i) In general.--Beginning with fiscal
year 2022, the total user fees assessed and
collected under subsection (a) each fiscal year
with respect to each class of tobacco products
not listed in subparagraph (B)(i) shall be an
amount that is determined pursuant to a formula
developed by the Secretary by regulation using
information required to be submitted under
subparagraph (D).
``(ii) Allocation for other tobacco
products.--For each class of tobacco products
not listed in subparagraph (B)(i), the
percentage of fees under the formula under
clause (i) for the respective fiscal year shall
be equal to the percentage of the gross
domestic sales in the previous calendar year
that is attributable to such class of tobacco
products in such calendar year, as determined
by the Secretary.
``(iii) Allocation of assessment within
each class of other tobacco products.--The
percentage of the total user fee to be paid by
each manufacturer or importer of tobacco
products in a class not listed in subparagraph
(B)(i) shall be determined by the Secretary,
based on the percentage of the gross domestic
sales of all such classes of tobacco products
by all manufacturers and importers in the
previous calendar year that is attributable to
such manufacturer or importer.
``(iv) Effect of failure to finalize
formula on time.--If the Secretary for any
reason fails to finalize by fiscal year 2022
the formula required by this subparagraph for
the assessment and collection of user fees for
classes of tobacco products not listed in
subparagraph (B)(i)--
``(I) the Secretary shall continue
to assess and collect fees under
subsection (a) with respect to each
class of tobacco products listed in
subparagraph (B)(i); and
``(II) until the first fiscal year
commencing after the finalization of
such formula, the exception described
in subparagraph (A)(ii)(I) shall not
apply.
``(v) Revisions by regulation.--Any
revisions to the formula promulgated pursuant
to this subparagraph shall be by regulation.
``(vi) Definition.--In this subparagraph,
the term `gross domestic sales' means the total
value in dollars of the sale or distribution by
manufacturers and importers of tobacco products
in the United States in classes not listed in
subparagraph (B)(i), as determined based on the
aggregation of sales data from every
manufacturer and importer of tobacco products
that submits sales data to the Secretary.
``(D) Information required to be submitted.--Each
manufacturer or importer of any tobacco product shall
submit to the Secretary the information required under
this subparagraph by March 2, 2021, for calendar year
2020, by April 1, 2021, for the period of January 1,
2021, through March 30, 2021, and monthly thereafter.
Such information shall include--
``(i) the identification of the
manufacturer or importer;
``(ii) the class or classes of tobacco
products sold by the manufacturer or importer;
``(iii) the full listing of the finished
tobacco products in a class not listed in
subparagraph (B)(i) sold or distributed by the
manufacturer or importer in the United States;
and
``(iv) the gross domestic sales data for
each class of finished tobacco products sold or
distributed by the manufacturer or importer in
the United States.''.
(3) Prohibited act.--Section 301(q)(1)(B) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 331(q)(1)(B)) is
amended by inserting ``919(b)(2)(D),'' before ``or 920''.
(c) Allocation of Assessment Within Each Class of Tobacco
Product.--Section 919(b)(4) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 387s(b)(4)) is amended by striking ``shall be the percentage
determined for purposes of allocations under subsections (e) through
(h) of section 625 of Public Law 108-357'' and inserting ``shall be the
percentage determined by the Secretary''.
(d) Conforming Amendments.--Section 919(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 387s(b)) is amended--
(1) by striking paragraph (5);
(2) by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6) respectively; and
(3) by amending paragraph (6), as so redesignated, to read
as follows:
``(6) Memorandum of understanding.--The Secretary shall
request the appropriate Federal agency to enter into a
memorandum of understanding that provides for the regular and
timely transfer from the head of such agency to the Secretary
of all necessary information regarding all tobacco product
manufacturers and importers required to pay user fees. The
Secretary shall maintain all disclosure restrictions
established by the head of such agency regarding the
information provided under the memorandum of understanding.''.
(e) Applicability.--The amendments made by subsections (b), (c),
and (d) apply beginning with fiscal year 2022. Subject to the amendment
made by subsection (a), section 919 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 387s), as in effect on the day before the date
of enactment of this Act, shall apply with respect to fiscal years
preceding fiscal year 2022.
(f) Report.--For fiscal year 2020 and each subsequent fiscal year
for which fees are collected under section 919 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 387s), the Secretary of Health and
Human Services, acting through the Commissioner of Food and Drugs,
shall, by the end of the respective fiscal year, submit to Congress
financial and performance reports with respect to such fees.
SEC. 105. REGULATION OF PRODUCTS CONTAINING SYNTHETIC NICOTINE.
(a) In General.--The Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs, shall--
(1) not later than 1 year after the date of enactment of
this Act, issue an interim final rule providing for the
regulation of products containing synthetic nicotine under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);
and
(2) not later than 2 years after such date of enactment,
issue a final rule providing for such regulation.
(b) Synthetic Nicotine Defined.--In this section, the term
``synthetic nicotine'' means nicotine that is not made or derived from
tobacco.
SEC. 106. UPDATE TO YOUTH TOBACCO PREVENTION PUBLIC AWARENESS
CAMPAIGNS.
(a) In General.--The Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs, shall--
(1) review all public health awareness campaigns of the
Department of Health and Human Services designed to educate at-
risk individuals about the harmful effects of tobacco use,
including the use of e-cigarettes and other electronic nicotine
delivery systems; and
(2) as applicable, modify such campaigns to include
awareness and education materials designated for individuals
who are 18 to 21 years of age.
(b) Consultation.--In carrying out subsection (a), the Secretary of
Health and Human Services may consult with medical and public health
associations and nonprofit organizations.
SEC. 107. PUBLIC EDUCATION.
Section 906 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
387f) is amended by adding at the end the following:
``(g) Education on Tobacco Products.--
``(1) In general.--Not later than 6 months after the date
of the enactment of the Reversing the Youth Tobacco Epidemic
Act of 2020, the Secretary shall provide educational materials
for health care providers, members of the public, and law
enforcement officials, regarding--
``(A) the authority of the Food and Drug
Administration with respect to the regulation of
tobacco products (including enforcement of such
regulation);
``(B) the processes of the Food and Drug
Administration for enforcing restrictions on the
manufacture and sale of tobacco products;
``(C) the prohibition on characterizing flavors in
tobacco products and the under section 907(a)(1) and
the exception from such prohibition under subparagraph
(C) of such section;
``(D) the public health impact of tobacco products
with characterizing flavors; and
``(E) other information as the Secretary determines
appropriate.
``(2) Content.--Educational materials provided under
paragraph (1) may include--
``(A) explanations of key statutory and regulatory
terms, including the terms `tobacco product',
`component parts', `accessories', `constituent',
`additive', `tobacco product manufacturer', and
`characterizing flavor';
``(B) an explanation of the Food and Drug
Administration's jurisdiction to regulate tobacco
products, including tobacco products with
characterizing flavors under section 907(a)(1);
``(C) information related to enforcement tools and
processes used by the Food and Drug Administration for
violations of the prohibition specified in section
907(a)(1);
``(D) an explanation of the health effects of using
tobacco products, including those with characterizing
flavors; and
``(E) information on resources available related to
smoking cessation.
``(3) Format.--Educational materials provided under
paragraph (1) may be--
``(A) published in any format, including an
Internet website, video, fact sheet, infographic,
webinar, or other format, as the Secretary determines
is appropriate and applicable; and
``(B) tailored for the unique needs of health care
providers, members of the public, law enforcement
officers, and other audiences, as the Secretary
determines appropriate.''.
TITLE II--FEDERAL TRADE COMMISSION
SEC. 201. ADVERTISING OF TOBACCO PRODUCTS.
(a) Advertising of Electronic Nicotine Delivery Systems.--
(1) In general.--It shall be unlawful--
(A) to market, advertise, or promote any electronic
nicotine delivery system in a manner that appeals to an
individual under 21 years of age; or
(B) to market, advertise, promote, or endorse, or
to compensate any person for the marketing,
advertising, promotion, or endorsement of, any
electronic nicotine delivery system without clearly
disclosing that the communication is an advertisement,
unless the communication is unambiguously identifiable
as an advertisement.
(2) Enforcement by commission.--
(A) Unfair or deceptive acts or practices.--A
violation of paragraph (1) shall be treated as a
violation of a regulation under section 18(a)(1)(B) of
the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) regarding unfair or deceptive acts or
practices.
(B) Powers of commission.--The Commission shall
enforce paragraph (1) in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of
the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this Act. Any
person who violates such paragraph shall be subject to
the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission
Act.
(3) Enforcement by state attorneys general.--
(A) In general.--If the attorney general of a State
has reason to believe a violation of paragraph (1) has
occurred or is occurring, the attorney general, in
addition to any authority the attorney general may have
to bring an action in State court under the law of the
State, may bring a civil action in any court of
competent jurisdiction to--
(i) enjoin further such violation by the
defendant;
(ii) enforce compliance with such
paragraph;
(iii) obtain civil penalties in the same
amount as may be obtained by the Commission in
a civil action under section 5(m) of the
Federal Trade Commission Act (15 U.S.C. 45(m));
or
(iv) obtain damages, restitution, or other
compensation on behalf of residents of the
State.
(B) Notice.--Before filing an action under
subparagraph (A), the attorney general of a State shall
provide to the Commission a written notice of such
action and a copy of the complaint for such action. If
the attorney general determines that it is not feasible
to provide the notice described in this subparagraph
before the filing of the action, the attorney general
shall provide written notice of the action and a copy
of the complaint to the Commission immediately upon the
filing of the action.
(C) Authority of federal trade commission.--
(i) In general.--On receiving notice under
subparagraph (B) of an action under
subparagraph (A), the Commission shall have the
right--
(I) to intervene in the action;
(II) upon so intervening, to be
heard on all matters arising therein;
and
(III) to file petitions for appeal.
(ii) Limitation on state action while
federal action is pending.--If the Commission
has instituted a civil action for violation of
paragraph (1) (referred to in this clause as
the ``Federal action''), no attorney general of
a State may bring an action under subparagraph
(A) during the pendency of the Federal action
against any defendant named in the complaint in
the Federal action for any violation of such
paragraph alleged in such complaint.
(D) Relationship with state-law claims.--
(i) Preservation of state-law claims.--
Nothing in this section shall prevent the
attorney general of a State from bringing an
action under State law for acts or practices
that also violate paragraph (1).
(ii) Assertion in same civil action.--If
the attorney general of a State has authority
to bring an action under State law for acts or
practices that also violate paragraph (1), the
attorney general may assert the State-law claim
and the claim for violation of such paragraph
in the same civil action.
(E) Actions by other state officials.--In addition
to civil actions brought by attorneys general under
subparagraph (A), any other consumer protection officer
of a State who is authorized by the State to do so may
bring a civil action under such subparagraph, subject
to the same requirements and limitations that apply
under this paragraph to civil actions brought by
attorneys general.
(4) Rulemaking authority.--The Commission may promulgate
regulations under section 553 of title 5, United States Code,
to implement paragraph (1).
(b) Report to Congress on Tobacco Product Advertising.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, and annually thereafter, the
Commission shall submit to Congress a report relating to each
category of products described in paragraph (2) (or a single
report a portion of which relates to each such category) that
contains the following:
(A) Information on domestic sales and advertising
and promotional activity by the manufacturers that have
the largest market shares of the product category.
(B) Such recommendations for legislation as the
Commission may consider appropriate.
(2) Product categories described.--The categories of
products described in this paragraph are the following:
(A) Cigarettes.
(B) Cigars.
(C) Smokeless tobacco.
(D) Electronic nicotine delivery systems.
(c) Preservation of Authority.--Nothing in this section may be
construed in any way to limit the Commission's authority under any
other provision of law.
(d) Definitions.--In this section:
(1) Cigar.--The term ``cigar'' means a tobacco product
that--
(A) is not a cigarette; and
(B) is a roll of tobacco wrapped in leaf tobacco or
any substance containing tobacco.
(2) Cigarette.--The term ``cigarette'' has the meaning
given such term in section 900 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 387).
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Electronic nicotine delivery system.--The term
``electronic nicotine delivery system'' has the meaning given
such term in section 900 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 387), as amended by section 103(c)(3).
(5) Endorse.--The term ``endorse'' means to communicate an
advertising message (including a verbal statement,
demonstration, or depiction of the name, signature, likeness,
or other identifying personal characteristics of an individual
or the name or seal of an organization) that consumers are
likely to believe reflects the opinions, beliefs, findings, or
experiences of a party other than the sponsoring advertiser,
even if the views expressed by such party are identical to
those of the sponsoring advertiser.
(6) Nicotine.--The term ``nicotine'' has the meaning given
such term in section 900 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 387).
(7) Smokeless tobacco.--The term ``smokeless tobacco'' has
the meaning given such term in section 900 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 387).
(8) Tobacco product.--The term ``tobacco product'' has the
meaning given such term in section 201 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321).
TITLE III--PUBLIC HEALTH PROGRAMS
SEC. 301. OUTREACH TO MEDICALLY UNDERSERVED COMMUNITIES.
The Secretary shall ensure that programs at the Centers for Disease
Control and Prevention related to outreach to medically underserved
communities, including racial and ethnic minority populations, include
efforts to educate and provide guidance regarding effective evidence
based strategies--
(1) to prevent tobacco and nicotine addiction; and
(2) for smoking cessation and the cessation of the use of
electronic nicotine delivery systems, including e-cigarettes.
SEC. 302. DEMONSTRATION GRANT PROGRAM TO DEVELOP STRATEGIES FOR SMOKING
CESSATION IN MEDICALLY UNDERSERVED COMMUNITIES.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of the Centers for Disease Control and Prevention,
shall establish a demonstration program to award grants to or contract
with State, local, Tribal, or territorial public health departments to
support--
(1) the development of improved evidence-based strategies
for smoking cessation and the cessation of the use of
electronic nicotine delivery systems, including e-cigarettes,
for populations in medically underserved communities,
particularly racial and ethnic minority populations;
(2) the development of improved communication and outreach
tools to reach populations in medically underserved
communities, particularly racial and ethnic minority
populations, addicted to tobacco and e-cigarette products; and
(3) improved coordination, access, and referrals to
services for smoking cessation and the cessation of the use of
electronic nicotine delivery systems, including e-cigarettes,
including smoking cessation products and mental health and
counseling services.
(b) Application.--To be eligible to receive a grant under
subsection (a), a State, local, Tribal, or territorial public health
department shall submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary may
require.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $3,000,000 for each of fiscal
years 2020 through 2024.
TITLE IV--NICOTINE OR VAPING ACCESS PROTECTION AND ENFORCEMENT
SEC. 401. INCREASING CIVIL PENALTIES APPLICABLE TO CERTAIN VIOLATIONS
OF RESTRICTIONS ON SALE AND DISTRIBUTION OF TOBACCO
PRODUCTS.
(a) Penalties.--Subparagraph (A) of section 103(q)(2) of the Family
Smoking Prevention and Tobacco Control Act (21 U.S.C. 333 note) is
amended to read as follows:
``(A) In general.--The amount of the civil penalty
to be applied for violations of section 906(d)(5) or
restrictions promulgated under section 906(d), as
described in paragraph (1), shall be as follows:
``(i) With respect to a retailer with an
approved training program, the amount of the
civil penalty shall not exceed--
``(I) in the case of the first
violation, $0, together with the
issuance of a warning letter to the
retailer;
``(II) in the case of a second
violation within a 12-month period,
$500;
``(III) in the case of a third
violation within a 24-month period,
$1,000;
``(IV) in the case of a fourth
violation within a 24-month period,
$4,000;
``(V) in the case of a fifth
violation within a 36-month period,
$10,000; and
``(VI) in the case of a sixth or
subsequent violation within a 48-month
period, $20,000 as determined by the
Secretary on a case-by-case basis.
``(ii) With respect to a retailer that does
not have an approved training program, the
amount of the civil penalty shall not exceed--
``(I) in the case of the first
violation, $500;
``(II) in the case of a second
vio6lation within a 12-month period,
$1,000;
``(III) in the case of a third
violation within a 24-month period,
$2,000;
``(IV) in the case of a fourth
violation within a 24-month period,
$4,000;
``(V) in the case of a fifth
violation within a 36-month period,
$10,000; and
``(VI) in the case of a sixth or
subsequent violation within a 48-month
period, $20,000 as determined by the
Secretary on a case-by-case basis.''.
(b) Applicability.--The amendment made by subsection (a) applies
with respect to a violation of a restriction promulgated under section
906(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
387f(d)(1)), as described in section 103(q)(1) of the Family Smoking
Prevention and Tobacco Control Act (21 U.S.C. 333 note), or to a
violation of section 906(d)(5) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 387f(d)(5)) occurring on or after the date that is 6
months after the date of enactment of this Act. The penalties specified
in such section 103(q)(2)(A), as in effect on the day before such date,
shall continue to apply to violations occurring before such date.
SEC. 402. STUDY AND REPORT ON E-CIGARETTES.
Not later than 5 years after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) complete a study on--
(A) the relationship of e-cigarettes to tobacco
cessation;
(B) the perception of the harmful effects of e-
cigarettes; and
(C) the effects of secondhand exposure to smoke
from e-cigarettes; and
(2) submit to Congress a report on the results of such
study, including recommendations based on such results.
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