II 

116TH CONGRESS 

1ST SESSION S. 655 

To impose additional restrictions on tobacco flavors for use in e-cigarettes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 5, 2019 

Mr. DURBIN (for himself and Ms. MURKOWSKI) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To impose additional restrictions on tobacco flavors for use 

in e-cigarettes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stopping Appealing 

5 Flavors in E-Cigarettes for Kids Act’’ or the ‘‘SAFE Kids 

6 Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds as follows: 

9 (1) Tobacco use almost always begins during 

10 adolescence and, because nicotine is addictive, most 


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1 youth tobacco users continue to use tobacco as 

2 adults, even if they intended to quit. 

3 (2) According to the Surgeon General, ‘‘the use 

4 of products containing nicotine in any form among 

5 youth, including e-cigarettes, is unsafe’’ and ‘‘nico6 tine exposure during adolescence can cause addiction 

7 and can harm the developing brain.’’ 

8 (3) In 2018, youth e-cigarette use increased by 

9 78 percent among high school students and by 48 

10 percent among middle school students. More than 

11 3,600,000 youth currently use e-cigarettes, an in12 crease of 1,500,000 high school and middle school 

13 students in one year. 

14 (4) In 2018, 28 percent of high school e-ciga15 rette users and 16 percent of middle school e-ciga16 rette users reported frequent use of e-cigarettes, 

17 using e-cigarettes on at least 20 of the preceding 30 

18 days. 

19 (5) Rising use of e-cigarettes among youth is 

20 hindering progress in reducing youth tobacco use. 

21 The use of any tobacco product increased by 38 per22 cent among high school students and 29 percent 

23 among middle school students between 2017 and 

24 2018. 


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1 (6) Both the Surgeon General and the Commis2 sioner of Food and Drugs have called the recent 

3 surge in youth e-cigarettes use an ‘‘epidemic’’. 

4 (7) The Surgeon General issued an advisory in 

5 2018 emphasizing the need to take immediate action 

6 to stem the youth e-cigarette epidemic and to protect 

7 youth from a lifetime of nicotine addiction and re8 lated health risks. 

9 (8) Youth use of cigars is a public health con10 cern. High school boys smoke cigars at a higher rate 

11 than cigarettes (9 percent for cigars and 7.6 percent 

12 for cigarettes). 

13 (9) Flavors play a significant role in attracting 

14 youth to tobacco products and make such products 

15 easier to use by masking the harshness of tobacco 

16 products. 

17 (10) A 2017 study identified more than 15,000 

18 unique e-cigarette flavors available online. E-ciga19 rettes come in flavors such as gummy bear, cotton 

20 candy, and fruit loops. 

21 (11) The number of unique cigar flavor names 

22 more than doubled, from 108 to 250, between 2008 

23 and 2015, and flavored cigars made up more than 

24 half of the convenience store cigar market in 2015. 

25 Cigars come in flavors such as chocolate, waterVerDate Sep 11 2014 01:50 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S655.IS S655

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1 melon, and tropical fusion and are sold in conven2 ience stores for as little as 3 for 99 cents. 

3 (12) Youth often begin tobacco use with a fla4 vored product. Eighty-one percent of youth who have 

5 ever used a tobacco product started with a flavored 

6 tobacco product. 

7 (13) Flavors are a primary reason why youth 

8 use e-cigarettes and cigars. Eighty-two percent of 

9 current youth e-cigarette users and 74 percent of 

10 current youth cigar smokers said they used these 

11 products ‘‘because they come in flavors I like’’. 

12 (14) In 2018, the Food and Drug Administra13 tion and the Federal Trade Commission took action 

14 against some deceptive e-liquid products that look 

15 like kid-friendly juice boxes, cookies, and candy. 

16 Many similar products remain on the market. 

17 (15) The American Association of Poison Con18 trol Centers reported more than 3100 calls in 2018 

19 due to exposure to e-liquids, and the American 

20 Academy of Pediatrics has warned about the dan21 gers of accidental poisonings because of the appeal 

22 of the packaging of flavored products. 

23 (16) Curbing the use of flavors in tobacco prod24 ucts will help to protect youth from nicotine addicVerDate Sep 11 2014 01:50 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S655.IS S655

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1 tion and tobacco-caused diseases such as cancer, 

2 heart disease, and respiratory disease. 

3 SEC. 3. ADDITIONAL RESTRICTIONS ON USE OF TOBACCO 

4 FLAVORS. 

5 (a) TOBACCO PRODUCT STANDARDS.—Section 

6 907(a)(1) of the Federal Food, Drug, and Cosmetic Act 

7 (21 U.S.C. 387g) is amended— 

8 (1) by redesignating subparagraph (B) as sub9 paragraph (C); and 

10 (2) by inserting after subparagraph (A) the fol11 lowing: 

12 ‘‘(B) SPECIAL RULE FOR TOBACCO PROD13 UCTS OTHER THAN CIGARETTES.— 

14 ‘‘(i) IN GENERAL.—Except as pro15 vided in clause (ii), a tobacco product that 

16 is not a cigarette, or any component, part, 

17 or accessory of such a product, shall not 

18 contain, as a constituent (including a 

19 smoke or aerosol constituent) or additive, 

20 an artificial or natural flavor (other than 

21 tobacco) or an herb or spice (including 

22 menthol, strawberry, grape, orange, clove, 

23 cinnamon, pineapple, vanilla, coconut, lico24 rice, cocoa, chocolate, cherry, and coffee) 

25 that is a characterizing flavor of the toVerDate Sep 11 2014 01:50 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S655.IS S655

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1 bacco product, tobacco smoke, or aerosol 

2 emitted from the product. Nothing in this 

3 subparagraph shall be construed to limit 

4 the Secretary’s authority to take action 

5 under this section or other provisions of 

6 this Act applicable to any artificial or nat7 ural flavor, herb, or spice not specified in 

8 this subparagraph. 

9 ‘‘(ii) EXCEPTIONS.—An electronic nic10 otine delivery system component or part 

11 shall not contain or use an artificial or 

12 natural flavor (other than tobacco) that is 

13 a characterizing flavor of the product or its 

14 aerosol unless the Secretary issues an 

15 order finding that a manufacturer has 

16 demonstrated that use of the character17 izing flavor— 

18 ‘‘(I) will increase the likelihood of 

19 smoking cessation among current 

20 users of tobacco products; 

21 ‘‘(II) will not increase the likeli22 hood of youth initiation of nicotine or 

23 tobacco products; and 


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1 ‘‘(III) will not increase the likeli2 hood of harm to the person using the 

3 characterizing flavor.’’. 

4 (b) DEFINITIONS.—Section 900 of the Federal Food, 

5 Drug, and Cosmetic Act (21 U.S.C. 387) is amended— 

6 (1) by redesignating paragraphs (8) through 

7 (22) as paragraphs (9) through (23); and 

8 (2) by inserting after paragraph (7) the fol9 lowing: 

10 ‘‘(8) ELECTRONIC NICOTINE DELIVERY SYS11 TEM.—The term ‘electronic nicotine delivery sys12 tem’— 

13 ‘‘(A) means any electronic device that de14 livers nicotine, flavor, or another substance via 

15 an aerosolized solution to the user inhaling 

16 from the device (including e-cigarettes, e-hook17 ah, e-cigars, vape pens, advanced refillable per18 sonal vaporizers, and electronic pipes) and any 

19 component, liquid, part, or accessory of such a 

20 device, whether or not sold separately; and 

21 ‘‘(B) does not include a product that— 

22 ‘‘(i) is approved by the Food and 

23 Drug Administration for sale as a tobacco 

24 cessation product or for another thera25 peutic purpose; and 


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1 ‘‘(ii) is marketed and sold solely for a 

2 purpose described in (i).’’. 

3 (c) CONFORMING AMENDMENT.—Section 9(1) of the 

4 Comprehensive Smokeless Tobacco Health Education Act 

5 of 1986 (15 U.S.C. 4408(1)) is amended by striking ‘‘sec6 tion 900(18)’’ and inserting ‘‘section 900(19)’’. 

7 (d) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect 1 year after the date of enact9 ment of this Act. 

Æ 


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