S 1253 — Preventing Online Sales of E-Cigarettes to Children Act

1253 IntroducedEngrossed in Senate (IS)](ES)] <DOC> 116th CONGRESS 1st2d Session S.

1253 _______________________________________________________________________ AN ACT To apply requirements relating to delivery sales of cigarettes to delivery sales of electronic nicotine delivery systems, and for other purposes.

_______________________________________________________________________ IN THE SENATE OF THE UNITED STATES April 30, 2019 Mrs.

Feinstein (for herself, Mr.

Cornyn, Mr.

Van Hollen, Mr.

Blumenthal, Ms.

Harris, Ms.

Klobuchar, Mr.

Wyden, and Mr.

Durbin) introduced the following bill;

which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To apply requirements relating to delivery sales of cigarettes to delivery sales of electronic nicotine delivery systems, and for other purposes.

(c) Rule of Construction.--Nothing in this section, or an amendment made by this section, may be construed to affect or otherwise alter any provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

301 et seq.), including its implementing regulations.

<all>SEC.

4.

UNDERSTANDING THE IMPACT OF E-CIGARETTE USE BY ADOLESCENTS AND YOUNG ADULTS.

(a) Study.--The National Institutes of Health, in coordination with other appropriate agencies, shall conduct a study on the short-term and long-term health impacts of e-cigarette use by youth and young adults under 21 years of age, that includes the following:

(1) An examination of the health impacts of using liquids obtained from the legal market, including liquids that may not have premarket approval from the Food and Drug Administration, compared to liquids obtained illicitly.

(2) A determination of the precise relationship between underage vaping and underage smoking, which may include using national survey data, in which the reporting of smoking and vaping usage classifications (such as current users, former users, or never users) shall be integrated and not treated as separate or unrelated categories.

(3) A determination of the precise relationship between vaping and smoking among young adults, who are 21 to 24 years of age, using national survey data, in which the reporting of smoking and vaping usage classifications (such as current users, former users, or never users) shall be integrated and not treated as separate or unrelated categories.

(4) An examination of e-cigarette usage data from cities, localities, and States that have adopted e-cigarette product bans to evaluate-- (A) the proportion of e-cigarette users in those areas who return to smoking combustible cigarettes;

(B) the proportion of e-cigarette users in those areas who access products from illicit markets;

and (C) the proportion of e-cigarette users in those areas who stop using all nicotine products or reduce their overall nicotine product use.

(5) A determination of the frequency of use of each specific and multiple tobacco products among high school students in the United States, including-- (A) the number of high school students who use each specific and multiple tobacco products less than 20 days per month;

and (B) the number of high school students who use each specific and multiple tobacco products 20 or more days per month.

(6) An examination of the rates of underage e-cigarette use in cities, localities, and States that have adopted Tobacco 21 laws prior to the date of enactment of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94).

(7) An examination of illegal smuggling of tobacco products in cities, localities, and States that have-- (A) banned such products;

(B) enacted taxes on such products that are higher than the national median;

or (C) enacted other legal restrictions on such products.

(8) A determination of how prevalence estimates of tobacco use in the National Youth Tobacco Survey differ from prevalence estimates of tobacco use in other national surveys, including the Population Assessment of Tobacco and Health and the Knowledge Panel.

(9) A determination of the prevalence of the following high-risk behaviors among high school students, and their relationship, if any, to vaping and smoking:

(A) Using marijuana or alcohol.

(B) Binge drinking.

(C) Underage sexual activity.

(D) Using an electronic device while driving.

(E) Knowingly riding in a motor vehicle with a driver who was recently drinking.

(F) Seriously considering suicide.

(10) An examination of the role flavors play in youth initiation and use of e-cigarettes and other tobacco products.

(11) An examination of the risk of youth addiction to nicotine, including the impact of e-cigarettes that use nicotine salts.