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TITLE I—FOOD AND DRUG 
ADMINISTRATION 
SEC. 101. CIGARETTE GRAPHIC HEALTH WARNINGS. 
(a) ISSUANCE DEADLINES.—Not later than March 
15, 2020, the Secretary of Health and Human Services, 
acting through the Commissioner of Food and Drugs, 
shall publish a final rule pursuant to section 4(d) of the 
Federal Cigarette Labeling and Advertising Act (15 
U.S.C. 1333(d)). If the Secretary fails to promulgate such 
final rule by March 15, 2020, then the proposed rule titled 
‘‘Tobacco Products; Required Warnings for Cigarette 
Packages and Advertisements’’ published by the Food and 
Drug Administration on August 16, 2019 (84 Fed. Reg. 
42754) shall be treated as a final rule beginning on March 
16, 2020. 
(b) CONFORMING CHANGE.—The first section 4(d) of 
the Federal Cigarette Labeling and Advertising Act (15 
U.S.C. 1333(d)) (relating to graphic labeling statements) 
is amended by striking ‘‘Not later than 24 months after 
the date of enactment of the Family Smoking Prevention 
and Tobacco Control Act, the Secretary’’ and inserting 
‘‘The Secretary’’. 
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SEC. 102. ADVERTISING AND SALES PARITY FOR ALL 
DEEMED TOBACCO PRODUCTS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Health and 
Human Services, acting through the Commissioner of 
Food and Drugs, shall promulgate a final rule amending 
part 1140 of subchapter K of title 21, Code of Federal 
Regulations, to apply the provisions of such part 1140 to 
all tobacco products, as applicable, to which chapter IX 
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
387a et seq.) applies pursuant to section 901(b) of such 
Act (21 U.S.C. 387a(b)), as amended by section 103(a) 
of this Act. 
(b) EFFECTIVE DATE.—The final rule required by 
subsection (a) shall take effect on the date that is 2 years 
after the date of enactment of this Act. 
SEC. 103. REDUCING CHILD AND ADOLESCENT NICOTINE 
ADDICTION. 
(a) APPLICABILITY TO ALL TOBACCO PRODUCTS.— 
(1) IN
GENERAL.—Subsection (b) of section 
901 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 387a) is amended to read as follows: 
‘‘(b) APPLICABILITY.—This chapter shall apply to all 
tobacco products.’’. 
(2) RULE OF CONSTRUCTION.—Paragraph (1) 
and the amendment made thereby shall not be con-
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strued to limit the applicability of chapter IX of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
387a et seq.) to— 
(A) products that were listed in section 
901(b) of such Act as in effect on the day be-
fore the date of enactment of this Act; and 
(B) products that were deemed by regula-
tion to be subject to such chapter pursuant to 
section 901(b) of such Act as in effect on the 
day before the date of enactment of this Act. 
(b) PROHIBITING FLAVORING OF TOBACCO PROD-
UCTS.— 
(1) PROHIBITION.— 
(A) IN
GENERAL.—Subparagraph (A) of 
section 907(a)(1) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 387g(a)(1)) is 
amended to read as follows: 
‘‘(A) SPECIAL RULES.— 
‘‘(i) IN GENERAL.—Beginning on the 
date that is 1 year after the date of enact-
ment of the Protecting American Lungs 
and Reversing the Youth Tobacco Epi-
demic Act of 2020, a tobacco product (in-
cluding its components, parts, and acces-
sories, including the tobacco, filter, or 
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paper) that is not an electronic nicotine de-
livery system shall not contain, as a con-
stituent (including a smoke constituent) or 
additive, an artificial or natural flavor 
(other than tobacco) that is a character-
izing flavor of the tobacco product or to-
bacco smoke or an herb or spice, including 
menthol, mint, mango, strawberry, grape, 
orange, clove, cinnamon, pineapple, vanilla, 
coconut, licorice, cocoa, chocolate, cherry, 
or coffee. 
‘‘(ii) 
RULE
OF
CONSTRUCTION.— 
Nothing in this subparagraph shall be con-
strued to limit the Secretary’s authority to 
take action under this section or other sec-
tions of this Act applicable to any artificial 
or natural flavor, herb, or spice. 
‘‘(iii) APPLICABILITY TO CERTAIN IN-
DIVIDUALS.—Notwithstanding any provi-
sion of this Act, no individual who pur-
chases for individual consumption, pos-
sesses for individual consumption, or con-
sumes, a tobacco product that is in viola-
tion of the prohibition under this subpara-
graph, including a tobacco product that 
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contains a characterizing flavor of menthol, 
shall be subject to any criminal penalty 
under this Act for such purchase, posses-
sion, or consumption, nor shall such pur-
chase, possession, or consumption be used 
as a justification to stop, search, or con-
duct any other investigative measure 
against any individual.’’. 
(B) 
SAVINGS
PROVISION.—Section 
907(a)(1) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 387g(a)(1)), as in effect 
on the date of enactment of this Act, shall re-
main in effect until the amendment made to 
such section 907(a)(1) by this paragraph takes 
effect. 
(2) FLAVORED ELECTRONIC NICOTINE DELIV-
ERY
SYSTEM.—Section 910 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 387j) is amend-
ed by inserting at the end the following: 
‘‘(h) FLAVORED ELECTRONIC NICOTINE DELIVERY 
SYSTEMS.— 
‘‘(1) RESTRICTION.—Beginning on the date 
that is 30 days after the date of enactment of the 
Protecting American Lungs and Reversing the 
Youth Tobacco Epidemic Act of 2020, any flavored 
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