II 

113TH CONGRESS 

2D SESSION S. 2047 

To prohibit the marketing of electronic cigarettes to children, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 26, 2014 

Mrs. BOXER (for herself, Mr. DURBIN, Mr. HARKIN, Mr. BLUMENTHAL, Mr. 

MARKEY, and Mr. BROWN) introduced the following bill; which was read 

twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To prohibit the marketing of electronic cigarettes to children, 

and for other purposes. 

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 ‘‘Protecting Children 

5 from Electronic Cigarette Advertising Act of 2014’’. 

6 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 


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1 (1) According to the Food and Drug Adminis2 tration, because electronic cigarettes have not been 

3 fully studied, consumers currently do not know— 

4 (A) the potential risks of electronic ciga5 rettes when used as intended; 

6 (B) how much nicotine or other potentially 

7 harmful chemicals are being inhaled during use; 

8 or 

9 (C) if there are any benefits associated 

10 with using these products. 

11 (2) Most electronic cigarettes contain widely 

12 varying levels of nicotine, which is a highly addictive 

13 drug that impacts the cardiovascular system and can 

14 be lethal when delivered in high doses. 

15 (3) According to the Surgeon General, adoles16 cents are particularly vulnerable to the adverse ef17 fects of nicotine and adolescent exposure to nicotine 

18 may have lasting adverse consequences for brain de19 velopment. 

20 (4) Use of electronic cigarettes has risen in 

21 youth according to a study by the Centers for Dis22 ease Control and Prevention that was released in 

23 September 2013, which found that in one year, from 

24 2011 to 2012, the percentage of middle and high 


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1 school students who had ever used electronic ciga2 rettes more than doubled. 

3 (5) Electronic cigarette use may lead children 

4 to become addicted to nicotine and could be a gate5 way to various tobacco products. 

6 (6) Marketing of electronic cigarettes to youth 

7 is occurring in the form of advertising using car8 toons and sponsorships of events popular with youth 

9 such as concerts and sporting events. 

10 (b) SENSE OF CONGRESS.—It is the sense of Con11 gress that the Federal Trade Commission should prohibit 

12 the advertising, promoting, and marketing in commerce 

13 of electronic cigarettes to children as an unfair or decep14 tive act or practice, in order to protect the health of the 

15 youth of the United States. 

16 SEC. 3. PROHIBITION ON MARKETING OF ELECTRONIC 

17 CIGARETTES TO CHILDREN. 

18 (a) DEFINITIONS.—In this section: 

19 (1) CHILD.—The term ‘‘child’’ means an indi20 vidual who is under the age of 18 years. 

21 (2) COMMERCE.—The term ‘‘commerce’’ has 

22 the meaning given such term in section 4 of the 

23 Federal Trade Commission Act (15 U.S.C. 44). 

24 (3) ELECTRONIC CIGARETTE.—The term ‘‘elec25 tronic cigarette’’ means a battery-operated product 


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1 designed to deliver nicotine, flavor, or other chemi2 cals and that turns chemicals, such as nicotine, into 

3 an aerosol that is inhaled by the user. 

4 (b) PROHIBITION.—No person may advertise, pro5 mote, or market in commerce an electronic cigarette in 

6 a manner that the person knows or should know will have 

7 the effect of increasing the use of an electronic cigarette 

8 by a child. 

9 (c) ENFORCEMENT BY FEDERAL TRADE COMMIS10 SION.— 

11 (1) UNFAIR OR DECEPTIVE ACT OR PRAC12 TICE.—A violation of subsection (b) shall be treated 

13 as a violation of a rule defining an unfair or decep14 tive act or practice described under section 

15 18(a)(1)(B) of the Federal Trade Commission Act 

16 (15 U.S.C. 57a(a)(1)(B)). 

17 (2) POWERS OF COMMISSION.— 

18 (A) IN GENERAL.—The Federal Trade 

19 Commission shall enforce this section in the 

20 same manner, by the same means, and with the 

21 same jurisdiction, powers, and duties as though 

22 all applicable terms and provisions of the Fed23 eral Trade Commission Act (15 U.S.C. 41 et 

24 seq.) were incorporated into and made a part of 

25 this section. 


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1 (B) PRIVILEGES AND IMMUNITIES.—Any 

2 person who violates this section shall be subject 

3 to the penalties and entitled to the privileges 

4 and immunities provided in the Federal Trade 

5 Commission Act (15 U.S.C. 41 et seq.). 

6 (C) RULEMAKING.—The Federal Trade 

7 Commission may promulgate standards and 

8 rules to carry out this section in accordance 

9 with section 553 of title 5, United States Code. 

10 (d) ENFORCEMENT BY STATES.— 

11 (1) IN GENERAL.—In any case in which the at12 torney general of a State has reason to believe that 

13 an interest of the residents of the State has been or 

14 is threatened or adversely affected by the engage15 ment of any person subject to subsection (b) in a 

16 practice that violates such subsection, the attorney 

17 general of the State may, as parens patriae, bring 

18 a civil action on behalf of the residents of the State 

19 in an appropriate district court of the United 

20 States— 

21 (A) to enjoin further violation of such sub22 section by such person; 

23 (B) to compel compliance with such sub24 section; 


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1 (C) to obtain damages, restitution, or other 

2 compensation on behalf of such residents; 

3 (D) to obtain such other relief as the court 

4 considers appropriate; or 

5 (E) to obtain civil penalties in the amount 

6 determined under paragraph (2). 

7 (2) CIVIL PENALTIES.— 

8 (A) CALCULATION.—For purposes of im9 posing a civil penalty under paragraph (1)(E) 

10 with respect to a person who violates subsection 

11 (b), the amount determined under this para12 graph is the amount calculated by multiplying 

13 the number of days that the person is not in 

14 compliance with subsection (b) by an amount 

15 not greater than $16,000. 

16 (B) ADJUSTMENT FOR INFLATION.—Be17 ginning on the date on which the Bureau of 

18 Labor Statistics first publishes the Consumer 

19 Price Index after the date that is 1 year after 

20 the date of the enactment of this Act, and an21 nually thereafter, the amounts specified in sub22 paragraph (A) shall be increased by the per23 centage increase in the Consumer Price Index 

24 published on that date from the Consumer 

25 Price Index published the previous year. 


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1 (3) RIGHTS OF FEDERAL TRADE COMMIS2 SION.— 

3 (A) NOTICE TO FEDERAL TRADE COMMIS4 SION.— 

5 (i) IN GENERAL.—Except as provided 

6 in clause (iii), the attorney general of a 

7 State shall notify the Federal Trade Com8 mission in writing that the attorney gen9 eral intends to bring a civil action under 

10 paragraph (1) not later than 10 days be11 fore initiating the civil action. 

12 (ii) CONTENTS.—The notification re13 quired by clause (i) with respect to a civil 

14 action shall include a copy of the complaint 

15 to be filed to initiate the civil action. 

16 (iii) EXCEPTION.—If it is not feasible 

17 for the attorney general of a State to pro18 vide the notification required by clause (i) 

19 before initiating a civil action under para20 graph (1), the attorney general shall notify 

21 the Federal Trade Commission imme22 diately upon instituting the civil action. 

23 (B) INTERVENTION BY FEDERAL TRADE

24 COMMISSION.—The Federal Trade Commission 

25 may— 


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1 (i) intervene in any civil action 

2 brought by the attorney general of a State 

3 under paragraph (1); and 

4 (ii) upon intervening— 

5 (I) be heard on all matters aris6 ing in the civil action; and 

7 (II) file petitions for appeal of a 

8 decision in the civil action. 

9 (4) INVESTIGATORY POWERS.—Nothing in this 

10 subsection may be construed to prevent the attorney 

11 general of a State from exercising the powers con12 ferred on the attorney general by the laws of the 

13 State to conduct investigations, to administer oaths 

14 or affirmations, or to compel the attendance of wit15 nesses or the production of documentary or other 

16 evidence. 

17 (5) PREEMPTIVE ACTION BY FEDERAL TRADE

18 COMMISSION.—If the Federal Trade Commission in19 stitutes a civil action or an administrative action 

20 with respect to a violation of subsection (b), the at21 torney general of a State may not, during the pend22 ency of such action, bring a civil action under para23 graph (1) against any defendant named in the com24 plaint of the Commission for the violation with reVerDate Mar 15 2010 03:08 Feb 27, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2047.IS S2047

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1 spect to which the Commission instituted such ac2 tion. 

3 (6) VENUE; SERVICE OF PROCESS.— 

4 (A) VENUE.—Any action brought under 

5 paragraph (1) may be brought in— 

6 (i) the district court of the United 

7 States that meets applicable requirements 

8 relating to venue under section 1391 of 

9 title 28, United States Code; or 

10 (ii) another court of competent juris11 diction. 

12 (B) SERVICE OF PROCESS.—In an action 

13 brought under paragraph (1), process may be 

14 served in any district in which the defendant— 

15 (i) is an inhabitant; or 

16 (ii) may be found. 

17 (7) ACTIONS BY OTHER STATE OFFICIALS.— 

18 (A) IN GENERAL.—In addition to civil ac19 tions brought by attorneys general under para20 graph (1), any other officer of a State who is 

21 authorized by the State to do so may bring a 

22 civil action under paragraph (1), subject to the 

23 same requirements and limitations that apply 

24 under this subsection to civil actions brought by 

25 attorneys general. 


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1 (B) SAVINGS PROVISION.—Nothing in this 

2 subsection may be construed to prohibit an au3 thorized official of a State from initiating or 

4 continuing any proceeding in a court of the 

5 State for a violation of any civil or criminal law 

6 of the State. 

7 (e) CONSTRUCTION.—Nothing in this section shall be 

8 construed to limit or diminish the authority of the Food 

9 and Drug Administration to regulate the marketing of 

10 electronic cigarettes, including the marketing of electronic 

11 cigarettes to children. 

12 (f) RELATION TO STATE LAW.—This section shall 

13 not be construed as superseding, altering, or affecting any 

14 provision of law of a State, except to the extent that such 

15 provision of law is inconsistent with the provisions of this 

16 section, and then only to the extent of the inconsistency. 

Æ 


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