II 

116TH CONGRESS 

1ST SESSION S. 1253 

To apply requirements relating to delivery sales of cigarettes to delivery 

sales of electronic nicotine delivery systems, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 30, 2019 

Mrs. FEINSTEIN (for herself, Mr. CORNYN, Mr. VAN HOLLEN, Mr. 

BLUMENTHAL, Ms. HARRIS, Ms. KLOBUCHAR, Mr. WYDEN, and Mr. 

DURBIN) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To apply requirements relating to delivery sales of cigarettes 

to delivery sales of electronic nicotine delivery systems, 

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 ‘‘Preventing Online 

5 Sales of E-Cigarettes to Children Act’’. 

6 SEC. 2. AMENDMENTS TO THE JENKINS ACT. 

7 (a) IN GENERAL.—The Act entitled ‘‘An Act to assist 

8 States in collecting sales and use taxes on cigarettes’’, apVerDate Sep 11 2014 20:33 May 06, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1253.IS S1253

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•S 1253 IS

1 proved October 19, 1949 (commonly known as the ‘‘Jen2 kins Act’’) (15 U.S.C. 375 et seq.), is amended— 

3 (1) in section 1 (15 U.S.C. 375)— 

4 (A) in paragraph (2)(A)(ii)— 

5 (i) by striking ‘‘includes roll-your-own 

6 tobacco’’ and inserting the following: ‘‘in7 cludes— 

8 ‘‘(I) roll-your-own tobacco’’; 

9 (ii) in subclause (I), as so designated, 

10 by striking the period at the end and in11 serting ‘‘; and’’; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(II) an electronic nicotine deliv15 ery system.’’; 

16 (B) by redesignating paragraphs (7) 

17 through (14) as paragraphs (8) through (15), 

18 respectively; and 

19 (C) by inserting after paragraph (6) the 

20 following: 

21 ‘‘(7) ELECTRONIC NICOTINE DELIVERY SYS22 TEM.—The term ‘electronic nicotine delivery sys23 tem’— 

24 ‘‘(A) means any electronic device that, 

25 through an aerosolized solution, delivers nicoVerDate Sep 11 2014 20:33 May 06, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1253.IS S1253

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1 tine, flavor, or any other substance to the user 

2 inhaling from the device; 

3 ‘‘(B) includes— 

4 ‘‘(i) an e-cigarette; 

5 ‘‘(ii) an e-hookah; 

6 ‘‘(iii) an e-cigar; 

7 ‘‘(iv) a vape pen; 

8 ‘‘(v) an advanced refillable personal 

9 vaporizer; 

10 ‘‘(vi) an electronic pipe; and 

11 ‘‘(vii) any component, liquid, part, or 

12 accessory of a device described in subpara13 graph (A), without regard to whether the 

14 component, liquid, part, or accessory is 

15 sold separately from the device; and 

16 ‘‘(C) does not include a product that is— 

17 ‘‘(i) approved by the Food and Drug 

18 Administration for— 

19 ‘‘(I) sale as a tobacco cessation 

20 product; or 

21 ‘‘(II) any other therapeutic pur22 pose; and 

23 ‘‘(ii) marketed and sold solely for a 

24 purpose described in clause (i).’’; and 


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•S 1253 IS

1 (2) in section 2A(b)(1) (15 U.S.C. 376a(b)(1)), 

2 by inserting ‘‘NICOTINE/’’ after ‘‘CIGARETTES/ 

3 ’’. 

4 (b) EFFECTIVE DATE.—This section, and the amend5 ments made by this section, shall take effect on the date 

6 that is 90 days after the date of enactment of this Act. 

7 SEC. 3. NONMAILABILITY OF ELECTRONIC NICOTINE DE8 LIVERY SYSTEMS. 

9 (a) REGULATIONS.—Not later than 120 days after 

10 the date of enactment of this Act, the United States Postal 

11 Service shall promulgate regulations to clarify the applica12 bility of the prohibition on mailing of cigarettes under sec13 tion 1716E of title 18, United States Code, to electronic 

14 nicotine delivery systems, in accordance with the amend15 ment to the definition of ‘‘cigarette’’ made by section 2. 

16 (b) EFFECTIVE DATE.—The prohibition on mailing 

17 of cigarettes under section 1716E of title 18, United 

18 States Code, shall apply to electronic nicotine delivery sys19 tems on and after the date on which the United States 

20 Postal Service promulgates regulations under subsection 

21 (a) of this section. 

Æ 


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