Energy and Commerce Chairman Frank Pallone, Jr. Announces New Bill to Address Youth Tobacco Use

This week, Congressman Frank Pallone made an announcement in his New Jersey congressional district of new legislation he will introduce in the coming weeks. The bill, "Reversing the Youth Tobacco Epidemic Act of 2019," is a comprehensive package designed to curb youth tobacco use and it includes provisions that are designed to tax and regulate e-cigarettes more like other tobacco products. Many of the provisions have been included in other bills introduced this Congress.

  • Requires the FDA to finalize a rule requiring graphic health warnings for cigarette packages within 12 months
  • Extends FDA regulations on the sale, distribution and use of cigarettes and smokeless tobacco to all deemed tobacco products, including e-cigarettes
  • Raises the minimum age for purchasing tobacco products to 21 years and makes it unlawful for any retailer to sell a tobacco product to any person younger than 21 years of age
  • Directs the FDA to prohibit non-face-to-face sales of all tobacco products, including e-cigarettes and e-cigarette accessories
  • Prohibits all characterizing flavors of tobacco products, including menthol
  • Provides the FDA with authority to collect user fees from all classes of tobacco products, including e-cigarettes
  • Instructs the FDA to issue a final rule on the regulation of products containing synthetic nicotine or nicotine that is not made or derived from tobacco
  • Makes it unlawful to market, advertise or promote any e-cigarette products to individuals under the age of 21
  • Requires the Federal Trade Commission (FTC) to issue an annual report to Congress on the domestic sales, advertising and promotional activity of cigarette, cigar, smokeless tobacco and e-cigarette manufacturers

Freshman representative Donna Shalala (D-FL) is an original co-sponsor of the bill. She served as Health and Human Services Secretary under Pres. Clinton from 1993-2001. The bill has support from public health groups, such as the American Academy of Pediatrics, American Cancer Society Cancer Action Network, American College of Cardiology, American Heart Association, American Lung Association, American Thoracic Society, Campaign for Tobacco-Free Kids, March of Dimes, and National African American Tobacco Prevention Network. There is no Senate companion bill.