I 
114TH CONGRESS 
1ST SESSION 
H. R. 478 
To prohibit the marketing of electronic cigarettes to children, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 22, 2015 
Ms. ESTY (for herself, Ms. DEGETTE, Mrs. BUSTOS, Mr. RUIZ, Ms. 
DELAURO, Mr. CA´RDENAS, Mr. CARNEY, Ms. CLARK of Massachusetts, 
Mr. DELANEY, Mr. DEUTCH, Mr. ELLISON, Ms. FRANKEL of Florida, 
Mr. HASTINGS, Mr. HONDA, Mr. JOHNSON of Georgia, Mr. LARSON of 
Connecticut, Ms. LEE, Mr. LEVIN, Mr. LOWENTHAL, Ms. MATSUI, Mr. 
MCGOVERN, Ms. MENG, Mr. PETERS, Mr. RANGEL, Ms. ROYBAL- 
ALLARD, Mr. RUSH, Ms. SCHAKOWSKY, Ms. SLAUGHTER, Mr. 
SWALWELL of California, Mr. TAKANO, Ms. WASSERMAN SCHULTZ, Mr. 
THOMPSON of California, and Mr. COURTNEY) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To prohibit the marketing of electronic cigarettes to children, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Children 
from Electronic Cigarette Advertising Act of 2015’’. 
VerDate Sep 11 2014 
06:48 Jan 28, 2015
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H478.IH
H478
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 2. FINDINGS; SENSE OF CONGRESS. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) According to the Food and Drug Adminis-
tration, because electronic cigarettes have not been 
fully studied, consumers currently do not know— 
(A) the potential risks of electronic ciga-
rettes when used as intended; 
(B) how much nicotine or other potentially 
harmful chemicals are being inhaled during use; 
or 
(C) if there are any benefits associated 
with using these products. 
(2) Most electronic cigarettes contain widely 
varying levels of nicotine, which is a highly addictive 
drug that impacts the cardiovascular system and can 
be lethal when delivered in high doses. 
(3) According to the Surgeon General, adoles-
cents are particularly vulnerable to the adverse ef-
fects of nicotine and adolescent exposure to nicotine 
may have lasting adverse consequences for brain de-
velopment. 
(4) Use of electronic cigarettes has risen in 
youth according to a study by the Centers for Dis-
ease Control and Prevention that was released in 
November 2014, which found that in two years, 
VerDate Sep 11 2014 
06:48 Jan 28, 2015
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H478.IH
H478
SSpencer on DSK4SPTVN1PROD with BILLS
from 2011 to 2013, the percentage of middle and 
high school students who had ever used electronic 
cigarettes tripled. 
(5) Electronic cigarette use may lead children 
to become addicted to nicotine and could be a gate-
way to various tobacco products. 
(6) Marketing of electronic cigarettes to youth 
is occurring in the form of advertising using car-
toons and sponsorships of events popular with youth 
such as concerts and sporting events. 
(7) According to a study published in June 
2014 in the journal Pediatrics, youth exposure to 
television advertisements for electronic cigarettes in-
creased by 256 percent from 2011 to 2013, exposing 
24 million children to such advertisements. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Federal Trade Commission should prohibit 
the advertising, promoting, and marketing in commerce 
of electronic cigarettes to children as an unfair or decep-
tive act or practice, in order to protect the health of the 
youth of the United States. 
SEC. 3. PROHIBITION ON MARKETING OF ELECTRONIC 
CIGARETTES TO CHILDREN. 
(a) ELECTRONIC CIGARETTE DEFINED.— 
VerDate Sep 11 2014 
06:48 Jan 28, 2015
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H478.IH
H478
SSpencer on DSK4SPTVN1PROD with BILLS
(1) IN GENERAL.—Except as provided in para-
graph (2), in this section, the term ‘‘electronic ciga-
rette’’ means any electronic device that delivers nico-
tine, flavor, or other chemicals via a vaporized solu-
tion to the user inhaling from the device, including 
any component, liquid, part, or accessory of such a 
device, whether or not sold separately. 
(2) EXCEPTION.—In this section, the term 
‘‘electronic cigarette’’ shall not include any product 
that— 
(A) has been approved by the Food and 
Drug Administration for sale as a tobacco ces-
sation product or for other therapeutic pur-
poses; and 
(B) is marketed and sold solely for a pur-
pose approved as described subparagraph (A). 
(b) PROHIBITION.— 
(1) IN
GENERAL.—No person may advertise, 
promote, or market in commerce in a State de-
scribed in paragraph (2) an electronic cigarette in a 
manner that— 
(A) the person knows or should know is 
likely to contribute towards initiating or in-
creasing the use of electronic cigarettes by chil-
dren who are younger than 18 years of age; or 
VerDate Sep 11 2014 
06:48 Jan 28, 2015
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H478.IH
H478
SSpencer on DSK4SPTVN1PROD with BILLS
(B) the Federal Trade Commission deter-
mines, regardless of when or where the adver-
tising, promotion, or marketing occurs, affects 
or appeals to children described in subpara-
graph (A). 
(2) COVERED STATES.—A State described in 
this paragraph is a State in which the sale of an 
electronic cigarette to a child who is younger than 
18 years of age is prohibited by a provision of Fed-
eral or State Law. 
(c) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.— 
(1) UNFAIR
OR
DECEPTIVE
ACT
OR
PRAC-
TICE.—A violation of subsection (b) shall be treated 
as a violation of a rule defining an unfair or decep-
tive act or practice described under section 
18(a)(1)(B) of the Federal Trade Commission Act 
(15 U.S.C. 57a(a)(1)(B)). 
(2) POWERS OF COMMISSION.— 
(A) IN
GENERAL.—The Federal Trade 
Commission shall enforce this section in the 
same manner, by the same means, and with the 
same jurisdiction, powers, and duties as though 
all applicable terms and provisions of the Fed-
eral Trade Commission Act (15 U.S.C. 41 et 
VerDate Sep 11 2014 
06:48 Jan 28, 2015
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H478.IH
H478
SSpencer on DSK4SPTVN1PROD with BILLS
seq.) were incorporated into and made a part of 
this section. 
(B) PRIVILEGES
AND
IMMUNITIES.—Any 
person who violates this section shall be subject 
to the penalties and entitled to the privileges 
and immunities provided in the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.). 
(C) RULEMAKING.—The Federal Trade 
Commission shall promulgate standards and 
rules to carry out this section in accordance 
with section 553 of title 5, United States Code. 
(d) ENFORCEMENT BY STATES.— 
(1) IN GENERAL.—In any case in which the at-
torney general of a State has reason to believe that 
an interest of the residents of the State has been or 
is threatened or adversely affected by the engage-
ment of any person subject to subsection (b) in a 
practice that violates such subsection, the attorney 
general of the State may, as parens patriae, bring 
a civil action on behalf of the residents of the State 
in an appropriate district court of the United 
States— 
(A) to enjoin further violation of such sub-
section by such person; 
VerDate Sep 11 2014 
06:48 Jan 28, 2015
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H478.IH
H478
SSpencer on DSK4SPTVN1PROD with BILLS
(B) to compel compliance with such sub-
section; 
(C) to obtain damages, restitution, or other 
compensation on behalf of such residents; 
(D) to obtain such other relief as the court 
considers appropriate; or 
(E) to obtain civil penalties in the amount 
determined under paragraph (2). 
(2) CIVIL PENALTIES.— 
(A) CALCULATION.—For purposes of im-
posing a civil penalty under paragraph (1)(E) 
with respect to a person who violates subsection 
(b), the amount determined under this para-
graph is the amount calculated by multiplying 
the number of days that the person is not in 
compliance with subsection (b) by an amount 
not greater than $16,000. 
(B) ADJUSTMENT
FOR
INFLATION.—Be-
ginning on the date on which the Bureau of 
Labor Statistics first publishes the Consumer 
Price Index after the date that is 1 year after 
the date of the enactment of this Act, and an-
nually thereafter, the amounts specified in sub-
paragraph (A) shall be increased by the per-
centage increase in the Consumer Price Index 
VerDate Sep 11 2014 
06:48 Jan 28, 2015
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H478.IH
H478
SSpencer on DSK4SPTVN1PROD with BILLS
published on that date from the Consumer 
Price Index published the previous year. 
(3) RIGHTS
OF
FEDERAL
TRADE
COMMIS-
SION.— 
(A) NOTICE TO FEDERAL TRADE COMMIS-
SION.— 
(i) IN GENERAL.—Except as provided 
in clause (iii), the attorney general of a 
State shall notify the Federal Trade Com-
mission in writing that the attorney gen-
eral intends to bring a civil action under 
paragraph (1) not later than 10 days be-
fore initiating the civil action. 
(ii) CONTENTS.—The notification re-
quired by clause (i) with respect to a civil 
action shall include a copy of the complaint 
to be filed to initiate the civil action. 
(iii) EXCEPTION.—If it is not feasible 
for the attorney general of a State to pro-
vide the notification required by clause (i) 
before initiating a civil action under para-
graph (1), the attorney general shall notify 
the Federal Trade Commission imme-
diately upon instituting the civil action. 
VerDate Sep 11 2014 
06:48 Jan 28, 2015
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H478.IH
H478
SSpencer on DSK4SPTVN1PROD with BILLS
(B) INTERVENTION
BY
FEDERAL
TRADE 
COMMISSION.—The Federal Trade Commission 
may— 
(i) intervene in any civil action 
brought by the attorney general of a State 
under paragraph (1); and 
(ii) upon intervening— 
(I) be heard on all matters aris-
ing in the civil action; and 
(II) file petitions for appeal of a 
decision in the civil action. 
(4) INVESTIGATORY POWERS.—Nothing in this 
subsection may be construed to prevent the attorney 
general of a State from exercising the powers con-
ferred on the attorney general by the laws of the 
State to conduct investigations, to administer oaths 
or affirmations, or to compel the attendance of wit-
nesses or the production of documentary or other 
evidence. 
(5) PREEMPTIVE ACTION BY FEDERAL TRADE 
COMMISSION.—If the Federal Trade Commission in-
stitutes a civil action or an administrative action 
with respect to a violation of subsection (b), the at-
torney general of a State may not, during the pend-
ency of such action, bring a civil action under para-
VerDate Sep 11 2014 
06:48 Jan 28, 2015
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H478.IH
H478
SSpencer on DSK4SPTVN1PROD with BILLS
graph (1) against any defendant named in the com-
plaint of the Commission for the violation with re-
spect to which the Commission instituted such ac-
tion. 
(6) VENUE; SERVICE OF PROCESS.— 
(A) VENUE.—Any action brought under 
paragraph (1) may be brought in— 
(i) the district court of the United 
States that meets applicable requirements 
relating to venue under section 1391 of 
title 28, United States Code; or 
(ii) another court of competent juris-
diction. 
(B) SERVICE OF PROCESS.—In an action 
brought under paragraph (1), process may be 
served in any district in which the defendant— 
(i) is an inhabitant; or 
(ii) may be found. 
(7) ACTIONS BY OTHER STATE OFFICIALS.— 
(A) IN GENERAL.—In addition to civil ac-
tions brought by attorneys general under para-
graph (1), any other officer of a State who is 
authorized by the State to do so may bring a 
civil action under paragraph (1), subject to the 
same requirements and limitations that apply 
VerDate Sep 11 2014 
06:48 Jan 28, 2015
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H478.IH
H478
SSpencer on DSK4SPTVN1PROD with BILLS
under this subsection to civil actions brought by 
attorneys general. 
(B) SAVINGS PROVISION.—Nothing in this 
subsection may be construed to prohibit an au-
thorized official of a State from initiating or 
continuing any proceeding in a court of the 
State for a violation of any civil or criminal law 
of the State. 
(e) CONSTRUCTION.—Nothing in this section shall be 
construed to limit or diminish the authority of the Food 
and Drug Administration to regulate the marketing of 
electronic cigarettes, including the marketing of electronic 
cigarettes to children. 
(f) RELATION TO STATE LAW.—This section shall 
not be construed as superseding, altering, or affecting any 
provision of law of a State, except to the extent that such 
provision of law is inconsistent with the provisions of this 
section, and then only to the extent of the inconsistency. 
Æ 
VerDate Sep 11 2014 
06:48 Jan 28, 2015
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H478.IH
H478
SSpencer on DSK4SPTVN1PROD with BILLS