HR 1517 114th Congress House

SMOKE Act

Official title: To provide greater clarity in the regulation of electronic nicotine delivery systems, including electronic cigarettes, cigars, cigarillos, pipes, and hookahs, and for other purposes.

Introduced: March 19, 2015 See on congress.gov

Health Administrative law and regulatory proceduresChild healthCivil actions and liabilityDepartment of Health and Human Services

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Drug, alcohol, tobacco useFederal Trade Commission (FTC)Federal preemptionFood and Drug Administration (FDA)Hazardous wastes and toxic substancesMarketing and advertisingMedical researchRetail and wholesale tradesState and local government operations

Everywhere this bill has been 3 steps

Introduced

In committee

Reported out

Passed House

Passed Senate

To President

Became law

Mar 20, 2015

Referred to the Subcommittee on Health.

Mar 19, 2015

Referred to the House Committee on Energy and Commerce.

Mar 19, 2015

Introduced in House

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Latest action March 20, 2015

Referred to the Subcommittee on Health.

Plain-English summary Congressional Research Service

Stop Selling and Marketing to Our Kids E-Cigarettes Act or the SMOKE Act

Amends the Food, Drug, and Cosmetic Act to define "electronic nicotine delivery system" (e-cigarette) and "e-liquid" (solution used in an e-cigarette). Gives the Food and Drug Administration (FDA) authority to regulate e-cigarettes and e-liquids as tobacco products.

Amends the Federal Cigarette Labeling and Advertising Act to include e-cigarettes and e-liquids in the definition of cigarettes, thereby: (1) requiring warning labels to appear on packaging and advertising, and (2) prohibiting advertising in electronic media regulated by the Federal Communications Commission.

Requires the FDA to study the effects of flavorings added to e-cigarettes and e-liquids, including whether flavorings appeal to children or help adults quit smoking. Requires, upon completion of the study, the FDA to consider restricting the use of flavorings.

Directs the FDA to require child-proof packaging for e-cigarettes and e-liquids.

Directs the FDA to set nicotine dosage and concentration limits for e-cigarettes and e-liquids, respectively, and allows for exceptions.

Prohibits advertisement, promotion, or marketing of e-cigarettes and e-liquids in a manner that increases their use by minors. Sets forth authority for: (1) the Federal Trade Commission (FTC) to enforce violations as an unfair or deceptive act or practice, and (2) states to bring civil actions on behalf of residents threatened or adversely affected by a violation. Allows the FTC to intervene and appeal in state actions.

Bill text 1 version