US Congress House Bill 5010 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 7-0)
Status: Introduced on June 26 2014 - 25% progression, died in committee
Action: 2014-06-27 - Referred to the Subcommittee on Health.
Pending: House Subcommittee on Health Committee
Text: Latest bill text (Introduced) [PDF]

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 (FCC). 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 such a violation. Allows the FTC to intervene and appeal in state actions.

SMOKE Act

Rep. Jackie Speier [D-CA]	Rep. Tony Cardenas [D-CA]	Rep. Rush Holt [D-NJ]	Rep. Michael Honda [D-CA]
Rep. James McGovern [D-MA]	Rep. Charles Rangel [D-NY]	Rep. Janice Schakowsky [D-IL]

Date	Chamber	Action
2014-06-27	House	Referred to the Subcommittee on Health.
2014-06-26	House	Referred to the House Committee on Energy and Commerce.

HB4325 (Related) 2014-03-28 - Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
SB2047 (Related) 2014-02-26 - Read twice and referred to the Committee on Commerce, Science, and Transportation.

Type	Source
Summary	https://www.congress.gov/bill/113th-congress/house-bill/5010/all-info
Text	https://www.congress.gov/113/bills/hr5010/BILLS-113hr5010ih.pdf