SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Cigarette Smoking Reduction and Electronic Vapor Al-
ternatives Act of 2017’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Purposes of the Family Smoking Prevention and Tobacco Control Act. 
Sec. 4. Regulation of electronic vapor products. 
Sec. 5. Joint comparative health risk assessment. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) Cigarette smoking is the practice of burning 
tobacco rolled in a paper and inhaling the smoke. 
According to the Department of Health and Human 
Services— 
(A) the burning of tobacco produces a 
chemical mixture of more than 7,000 com-
pounds; 
(B) cigarette smoking causes cancer, heart 
disease, stroke, lung diseases, diabetes, and 
chronic obstructive pulmonary disease, and 
harms nearly every organ of the body; 
(C) cigarette smoking causes more than 
480,000 deaths each year, including nearly 
42,000 deaths due to secondhand tobacco 
smoke; 
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(D) the economic cost of cigarette smoking 
is more than $300 billion a year, including 
nearly $170 billion in direct medical care, and 
more than $156 billion in lost productivity; and 
(E) nearly 7 in 10 adult cigarette smokers 
want to quit smoking. 
(2) Electronic vapor products, also known as 
‘‘electronic cigarettes’’ or ‘‘e-cigarettes’’, are battery- 
operated devices that use low heat to turn e-liquid, 
which generally contains nicotine, into a vaporized 
aerosol which is inhaled—there is no burning of to-
bacco or generation of smoke for inhalation. 
(3) Evidence from numerous studies strongly 
suggests that electronic vapor products are mag-
nitudes safer than traditional, combustible ciga-
rettes. Studies have found that several million reg-
ular vapers in the United States no longer regularly 
smoke cigarettes. 
(4) Studies of cigarette smokers who switched 
to vapor found significant improvements in lung 
function, including a study finding asthmatic smok-
ers who switched to vapor had significant improve-
ments in spirometry data, asthma control, airway 
hyperresponsiveness, and lower blood pressure. 
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(5) The Royal College of Physicians 2016 re-
port on e-cigarettes titled, ‘‘Nicotine without smoke: 
Tobacco harm reduction’’ issued the following find-
ings: 
(A) The available evidence to date indi-
cates that e-cigarettes are being used almost ex-
clusively as safer alternatives to smoked to-
bacco, by confirmed smokers who are trying to 
reduce harm to themselves or others from 
smoking, or to quit smoking completely. 
(B) The hazard to health arising from 
long-term vapor inhalation from the e-cigarettes 
available today is unlikely to exceed 5 percent 
of the harm from smoking tobacco. 
(C) E-cigarettes are marketed as consumer 
products and are proving much more popular 
than Food and Drug Administration-approved 
nicotine replacement therapies (NRT) as a sub-
stitute and competitor for tobacco cigarettes. 
(6) ‘‘E-liquid’’ is the liquid that is heated into 
vapor. It contains, principally, propylene glycol, veg-
etable glycerin, in some cases food flavoring, in some 
cases nicotine, and in some cases water; propylene 
glycol and vegetable glycerin are designated as ‘‘gen-
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erally recognized as safe’’ by the Food and Drug Ad-
ministration (FDA) as food additives. 
(7) Surveys have found that a significant ma-
jority of regular users of electronic vapor products 
had previously tried FDA-approved smoking ces-
sation drugs to quit smoking without success. 
(8) An expert independent evidence review pub-
lished by Public Health England (PHE) concluded 
that— 
(A) the use of vapor products is about 95 
percent less harmful than cigarette smoking; 
(B) nearly half the population doesn’t real-
ize vapor is much less harmful than smoking; 
and 
(C) there is no evidence suggesting elec-
tronic vapor products act as a route into smok-
ing for children or nonsmokers. 
(9) Electronic vapor product sales in the United 
States have increased from an estimated $100 mil-
lion in 2010 to $4 billion in 2016 while cigarette 
consumption in the United States declined from 
$307 billion in 2010 to an estimated $265 billion in 
2016. 
(10) On May 10, 2016, the Food and Drug Ad-
ministration issued its ‘‘Deeming Regulation’’ to 
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deem e-cigarettes or electronic vapor products to be 
subject to its authority. The regulation will, as a 
practical matter, because of its significant compli-
ance costs and poorly articulated standard for pro-
tecting public health, ban the sale of all electronic 
vapor products by August 2018. 
(11) The Food and Drug Administration’s 
Deeming Regulation, by effectively banning elec-
tronic vapor products, will push vapers who have 
quit or reduced cigarette smoking by switching to 
electronic vapor products back to smoking deadly 
cigarettes. 
(12) The 2015 Monitoring the Future survey of 
the National Institute on Drug Abuse found past- 
30-day use of an electronic vapor product by 8th, 
10th, and 12th graders combined declined from 13.9 
percent in 2014 to 9.9 percent in 2016; however, 
that survey found that fewer than 20 percent of 
teens who used an electronic vapor product in the 
past 30 days reported using a product containing 
nicotine. 
(13) Electronic vapor products show tremen-
dous promise in reducing cigarette smoking, and cig-
arette smoking attributable morbidity, mortality, 
and health care costs. 
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(14) According to an April 13, 2017, Centers 
for Disease Control and Prevention study, more 
Americans who are trying to quit smoking use vapor 
products (35.3 percent) than any other smoking ces-
sation tool. This includes using a nicotine patch or 
gum (25.4 percent), getting help from a doctor or 
other health professional (15.2 percent), using smok-
ing cessation medications approved by the Food and 
Drug Administration (12.2 percent), and getting 
help from a website (7.1 percent) or a telephone 
quitline (5.4 percent). 
(15) Since the Food and Drug Administration 
was granted authority to regulate tobacco products 
in 2009, the agency has failed to grant market ap-
proval to any modified risk tobacco product. 
SEC. 3. PURPOSES OF THE FAMILY SMOKING PREVENTION 
AND TOBACCO CONTROL ACT. 
Section 3 of the Family Smoking Prevention and To-
bacco Control Act (21 U.S.C. 387 note) is amended by 
amending paragraph (9) to read as follows: 
‘‘(9) to promote— 
‘‘(A) cessation to reduce disease risk and 
the social costs associated with tobacco-related 
diseases; and 
‘‘(B) harm reduction strategies; and’’. 
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SEC. 4. REGULATION OF ELECTRONIC VAPOR PRODUCTS. 
(a) CENTER FOR TOBACCO PRODUCTS AND TOBACCO 
HARM REDUCTION.—Section 901(e) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 387a(e)) is amend-
ed— 
(1) in the subsection heading, by striking 
‘‘CENTER FOR TOBACCO PRODUCTS’’ and inserting 
‘‘CENTER FOR TOBACCO PRODUCTS AND TOBACCO 
HARM REDUCTION’’; 
(2) by striking ‘‘Center for Tobacco Products’’ 
and inserting ‘‘Center for Tobacco Products and To-
bacco Harm Reduction’’; and 
(3) by striking ‘‘this chapter’’ and inserting 
‘‘this chapter and chapter X’’. 
(b) FDA AUTHORITY OVER ELECTRONIC VAPOR 
PRODUCTS.— 
(1) EXCLUSION FROM DEFINITION OF TOBACCO 
PRODUCT.—Section 201(rr) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 321(rr)) is 
amended— 
(A) in paragraph (2), by inserting ‘‘an e- 
liquid (as defined in section 1001), a personal 
electronic vaporizer (as defined in section 
1001),’’ before ‘‘or a combination product’’; and 
(B) in paragraph (3), by inserting after 
‘‘The products described in paragraph (2)’’ the 
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following: ‘‘(other than an e-liquid or personal 
electronic vaporizer)’’. 
(2) COMBINATION PRODUCTS.—Section 503(g) 
of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 353(g)) is amended— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘or biological product’’ and inserting ‘‘, bi-
ological product, e-liquid, or personal elec-
tronic vaporizer’’; and 
(ii) in subparagraph (D)— 
(I) in clause (ii), by striking ‘‘or’’ 
at the end; 
(II) in clause (iii), by striking the 
period at the end and inserting ‘‘; or’’; 
and 
(III) by adding at the end the 
following: 
‘‘(iv) an e-liquid or personal electronic vapor-
izer, the agency center charged with regulating e-liq-
uids and personal electronic vaporizers shall have 
primary jurisdiction.’’; and 
(B) in paragraph (9)— 
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(i) by redesignating subparagraphs 
(C) and (D) as subparagraphs (D) and 
(E), respectively; and 
(ii) by inserting after subparagraph 
(B) the following: 
‘‘(C) The terms ‘e-liquid’ and ‘personal elec-
tronic vaporizer’ have the meanings given to such 
terms in section 1001.’’. 
(3) REGULATORY
AUTHORITY.—The Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
seq.) is amended— 
(A) by redesignating chapter X as chapter 
XI; 
(B) 
by 
redesignating 
sections 
1001 
through 1014 as sections 1101 through 1114, 
respectively; 
(C) in section 505(n)(2), by striking 
‘‘1004’’ and inserting ‘‘1104’’; 
(D) 
in 
sections 
523(b)(2)(D) 
and 
704(g)(13), by striking ‘‘1003(g)’’ and inserting 
‘‘1103(g)’’; 
(E) in section 1109(a)(5)(A), as redesig-
nated by paragraph (4), by striking ‘‘1008’’ 
and inserting ‘‘1108’’; and 
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(F) by inserting after chapter IX the fol-
lowing: 
‘‘CHAPTER X—ELECTRONIC VAPOR 
PRODUCTS 
‘‘SEC. 1001. DEFINITIONS. 
‘‘In this chapter: 
‘‘(1) The term ‘e-liquid’ means any liquid solu-
tion that— 
‘‘(A) may or may not contain nicotine; and 
‘‘(B) is intended to be converted into an 
aerosol, vapor, or vapor-like mist for users to 
inhale through the mouthpiece of a personal 
electronic vaporizer. 
‘‘(2) The term ‘personal electronic vaporizer’ 
means an electronic device that employs a heating 
element or atomizer that converts an e-liquid into an 
aerosol, vapor, or vapor-like mist through a non-
combustive process. 
‘‘(3) The terms ‘e-liquid’ and ‘personal elec-
tronic vaporizer’ exclude— 
‘‘(A) a drug as defined in section 
201(g)(1); 
‘‘(B) a device as defined in section 201(h); 
and 
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‘‘(C) a biological product as defined in sec-
tion 351 of the Public Health Service Act. 
‘‘SEC. 1002. EXCLUSIVE AUTHORITY FOR REGULATING E- 
LIQUIDS AND PERSONAL ELECTRONIC VA-
PORIZERS. 
‘‘The authorities vested by this chapter constitute the 
exclusive authorities of the Secretary to regulate e-liquids 
and personal electronic vaporizers, except to the extent e- 
liquids and personal electronic vaporizers are within com-
bination products regulated pursuant to section 503(g). 
‘‘SEC. 1003. PROHIBITED ACTS; PENALTIES. 
‘‘(a) PROHIBITIONS.— 
‘‘(1) IN GENERAL.—The following acts and the 
causing thereof are hereby prohibited: 
‘‘(A) The sale of an electronic vapor prod-
uct or e-liquid to any person younger than 18 
years of age. 
‘‘(B) The manufacture of an e-liquid or 
personal electronic vaporizer in noncompliance 
with the standards under section 1004(b) in 
violation of an order issued under section 
1004(e). 
‘‘(C) The offering of e-liquids or personal 
electronic vaporizers for sale in interstate com-
merce by an e-liquid or personal electronic va-
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‘‘(e) FAILURE TO COMPLY WITH MANUFACTURING 
STANDARDS.— 
‘‘(1) IN GENERAL.—If the Secretary finds that 
an e-liquid or personal electronic vaporizer manufac-
turer is in noncompliance with the standards under 
subsection (b)— 
‘‘(A) the Secretary shall not take any en-
forcement action based on such noncompliance 
unless— 
‘‘(i) the Secretary gives the manufac-
turer notice of, and a period of 90 days to 
correct, such noncompliance; and 
‘‘(ii) the manufacturer fails, by the 
end of such 90-day period, to correct such 
noncompliance; and 
‘‘(B) if the manufacturer fails to correct 
such noncompliance, as described in paragraph 
(1)(A)(ii), the Secretary may issue an order re-
quiring the manufacturer— 
‘‘(i) to suspend any commercial activ-
ity that the Secretary finds to be in non-
compliance; and 
‘‘(ii) to not resume such activity until 
the manufacturer demonstrates to the Sec-
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