I 

115TH CONGRESS 

2D SESSION H. R. 7337 

To amend the Act of October 19, 1949 (15 U.S.C. 375 et seq.; commonly 

referred to as the ‘‘Jenkins Act’’), to prevent the interstate sale and 

delivery of electronic cigarettes, cigars, and pipe tobacco to minors in 

violation of law. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 19, 2018 

Ms. DELAURO (for herself, Ms. WASSERMAN SCHULTZ, Mr. RASKIN, Mr. 

RUSH, and Mr. VISCLOSKY) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the Act of October 19, 1949 (15 U.S.C. 375 

et seq.; commonly referred to as the ‘‘Jenkins Act’’), 

to prevent the interstate sale and delivery of electronic 

cigarettes, cigars, and pipe tobacco to minors in violation 

of law. 

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 ‘‘Stop Tobacco Sales 

5 to Youth Act of 2018’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


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1 (1) Tobacco products cause numerous serious 

2 diseases, including cancer, heart disease, and res3 piratory disease, and they contain nicotine, a highly 

4 addictive substance. 

5 (2) According to the Surgeon General of the 

6 United States, adolescents are particularly vulner7 able to the adverse effects of nicotine, and adoles8 cent exposure to nicotine may have lasting adverse 

9 consequences for brain development. 

10 (3) Youth use of electronic cigarettes and hook11 ah (water pipe) has risen according to the National 

12 Youth Tobacco Survey released by the Centers for 

13 Disease Control and Prevention, and the Food and 

14 Drug Administration, in April 2015. 

15 (4) Current use of electronic cigarettes among 

16 high school students tripled from 4.5 percent in 

17 2013 to 13.4 percent in 2014 (compared to 1.5 per18 cent in 2011); approximately 2,000,000 high school 

19 students currently use these products. 

20 (5) Current use of electronic cigarettes among 

21 middle school students tripled from 1.1 percent in 

22 2013 to 3.9 percent in 2014; approximately 450,000 

23 middle school students currently use these products. 


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1 (6) Current use of hookah among high school 

2 students increased from 4.1 percent in 2011 to 9.4 

3 percent in 2014. 

4 (7) Current use of cigars among high school 

5 students was 8.2 percent in 2014 (1,200,000 stu6 dents). Current use of cigars among high school 

7 boys was 10.8 percent, about the same rate at which 

8 they smoke cigarettes (10.6 percent). 

9 (8) The sale of electronic cigarettes, cigars, 

10 hookah, and other tobacco products over the Inter11 net, and through mail, fax, or phone orders, makes 

12 it cheaper and easier for children to obtain these 

13 products. 

14 (9) Electronic cigarettes are being marketed in 

15 ways that appeal to youth, in the form of advertising 

16 using images that appeal to youth, advertisements 

17 on television and the Internet, and sponsorships of 

18 events popular with youth, such as concerts and 

19 sporting events. 

20 (10) According to a study published in March 

21 2015 in the Journal of the American Medical Asso22 ciation Pediatrics, 93.7 percent of youth partici23 pating in a study of Internet electronic cigarette 

24 sales successfully purchased electronic cigarettes beVerDate Sep 11 2014 02:07 Dec 22, 2018 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7337.IH H7337

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1 cause the Web sites lacked adequate age-verification 

2 methods. 

3 SEC. 3. AMENDMENTS. 

4 Section 1 of the Act of October 19, 1949 (15 U.S.C. 

5 375); commonly referred to as the ‘‘Jenkins Act’’), is 

6 amended— 

7 (1) in paragraph (2)— 

8 (A) in subparagraph (A)— 

9 (i) in clause (i) by striking ‘‘and’’ at 

10 the end; 

11 (ii) in clause (ii) by striking the pe12 riod at the end and inserting ‘‘; and’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(iii) includes electronic cigarettes.’’; 

16 and 

17 (B) in subparagraph (B)— 

18 (i) in the heading by striking ‘‘EX19 CEPTION’’ and inserting ‘‘INCLUSIONS’’; 

20 (ii) by striking ‘‘does not include’’ and 

21 inserting ‘‘includes’’; and 

22 (iii) by inserting ‘‘and pipe tobacco 

23 (as defined in section 5702 of the Internal 

24 Revenue Code of 1986)’’ before the period 

25 at the end; and 


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1 (2) by inserting after paragraph (6) the fol2 lowing: 

3 ‘‘(6A) ELECTRONIC CIGARETTE.—The term 

4 ‘electronic cigarette’ means any electronic device 

5 that delivers nicotine, flavor, or other substance via 

6 an aerosolized solution (including an electronic ciga7 rette, cigar, pipe, or hookah) to the user inhaling 

8 from the device (including any component, liquid, 

9 part, or accessory of such a device whether or not 

10 sold separately) but excludes product that— 

11 ‘‘(A) is approved by the Food and Drug 

12 Administration for sale as a tobacco cessation 

13 product or for another therapeutic purpose; and 

14 ‘‘(B) is marketed and sold solely for a pur15 pose approved as described in subparagraph 

16 (A).’’. 

17 SEC. 4. EXCLUSIONS REGARDING INDIAN TRIBES AND 

18 TRIBAL MATTERS. 

19 (a) IN GENERAL.—Nothing in this Act or the amend20 ments made by this Act shall be construed to amend, mod21 ify, or otherwise affect— 

22 (1) any agreements, compacts, or other inter23 governmental arrangements between any State or 

24 local government and any government of an Indian 

25 tribe (as that term is defined in section 4(e) of the 


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1 Indian Self-Determination and Education Assistance 

2 Act (25 U.S.C. 450b(e))) relating to the collection of 

3 taxes on cigarettes or smokeless tobacco sold in In4 dian country; 

5 (2) any State laws that authorize or otherwise 

6 pertain to any such intergovernmental arrangements 

7 or create special rules or procedures for the collec8 tion of State, local, or tribal taxes on cigarettes or 

9 smokeless tobacco sold in Indian country; 

10 (3) any limitations under Federal or State law, 

11 including Federal common law and treaties, on 

12 State, local, and tribal tax and regulatory authority 

13 with respect to the sale, use, or distribution of ciga14 rettes and smokeless tobacco by or to Indian tribes, 

15 tribal members, tribal enterprises, or in Indian coun16 try; 

17 (4) any Federal law, including Federal common 

18 law and treaties, regarding State jurisdiction, or 

19 lack thereof, over any tribe, tribal members, tribal 

20 enterprises, tribal reservations, or other lands held 

21 by the United States in trust for one or more Indian 

22 tribes; or 

23 (5) any State or local government authority to 

24 bring enforcement actions against persons located in 

25 Indian country. 


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1 (b) COORDINATION OF LAW ENFORCEMENT.—Noth2 ing in this Act or the amendments made by this Act shall 

3 be construed to inhibit or otherwise affect any coordinated 

4 law enforcement effort by one or more States or other ju5 risdictions, including Indian tribes, through interstate 

6 compact or otherwise, that— 

7 (1) provides for the administration of tobacco 

8 product laws or laws pertaining to interstate sales or 

9 other sales of tobacco products; 

10 (2) provides for the seizure of tobacco products 

11 or other property related to a violation of such laws; 

12 or 

13 (3) establishes cooperative programs for the ad14 ministration of such laws. 

15 (c) TREATMENT OF STATE AND LOCAL GOVERN16 MENTS.—Nothing in this Act or the amendments made 

17 by this Act shall be construed to authorize, deputize, or 

18 commission States or local governments as instrumental19 ities of the United States. 

20 (d) ENFORCEMENT WITHIN INDIAN COUNTRY.— 

21 Nothing in this Act or the amendments made by this Act 

22 shall prohibit, limit, or restrict enforcement by the Attor23 ney General of the United States of this Act or an amend24 ment made by this Act within Indian country. 


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1 (e) AMBIGUITY.—Any ambiguity between the lan2 guage of this section or its application and any other pro3 vision of this Act shall be resolved in favor of this section. 

4 (f) DEFINITIONS.—In this section— 

5 (1) the term ‘‘Indian country’’ has the meaning 

6 given that term in section 1 of the Act of October 

7 19, 1949 (15 U.S.C. 375; commonly referred to as 

8 the ‘‘Jenkins Act’’), as amended by this Act; and 

9 (2) the term ‘‘tribal enterprise’’ means any 

10 business enterprise, regardless of whether incor11 porated or unincorporated under Federal or tribal 

12 law, of an Indian tribe or group of Indian tribes. 

13 SEC. 5. SEVERABILITY. 

14 If any provision of this Act, or any amendment made 

15 by this Act, or the application thereof to any person or 

16 circumstance, is held invalid, the remainder of the Act and 

17 the application of the Act to any other person or cir18 cumstance shall not be affected thereby. 

19 SEC. 6. EFFECTIVE DATE. 

20 This Act, and the amendments made by this Act, 

21 shall take effect 90 days after the date of the enactment 

22 of this Act. 

Æ 


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