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H.R. 5010 · 113th Congress

SMOKE Act

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IntroducedPassed one chamberPassed both chambersBecame law (gold)Resolution agreed to (full, dark)Failed or vetoed (gray)

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Never voted on. It didn't reach a floor vote before the 113th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.

6 cosponsors · 6 D

3 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.

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.

What it does: CRS summary · Introduced in House · Jun 26, 2014

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.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov

About this bill and sources

Official title: SMOKE Act

Also known as: Stop Selling and Marketing to Our Kids E-Cigarettes Act

Latest action (Jun 27, 2014): Referred to the Subcommittee on Health.

Policy area: Health · Origin: House · Introduced: Jun 26, 2014

Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)

No recorded floor vote found.