Protecting Children from Electronic Cigarette Advertising Act of 2015

Protecting Children from Electronic Cigarette Advertising Act of 2015

Prohibits electronic cigarette advertisements that appeal to children younger than 18 years of age in states in which the sale of an electronic cigarette to such children is prohibited by federal or state law. Bars electronic cigarette advertisements, promotions, or marketing in those states in a manner that is: (1) known, or should be known, to contribute toward initiating or increasing the use of electronic cigarettes by children under 18; or (2) determined by the Federal Trade Commission (FTC) to affect or appeal to such children regardless of when or where the advertising, promotion, or marketing occurs.

Defines "electronic cigarette" as an electronic device that delivers nicotine, flavor, or other chemicals via a vaporized solution to a user inhaling from the device, including any component, liquid, part, or accessory. Excludes Food and Drug Administration-approved tobacco cessation or therapeutic products from such definition.

Sets forth authority for: (1) the 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.

Establishes a civil penalty to be available in state actions that is calculated by multiplying the number of days that a person is not in compliance with such prohibition by an amount up to $16,000, adjusted annually for inflation.

Allows the FTC to intervene and appeal in state actions.

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