I 
116TH CONGRESS 
2D SESSION 
H. R. 5963 
To amend the Federal Food, Drug, and Cosmetic Act with respect to report-
ing of consumer complaints by electronic nicotine dispenser system manu-
facturers and importers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 25, 2020 
Mr. KRISHNAMOORTHI (for himself and Mrs. CAROLYN B. MALONEY of New 
York) introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To amend the Federal Food, Drug, and Cosmetic Act with 
respect to reporting of consumer complaints by electronic 
nicotine dispenser system manufacturers and importers, 
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 ‘‘E-Cigarette Oversight 
and Accountability Act of 2020’’. 
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SEC. 2. REPORTING OF CONSUMER COMPLAINTS BY ENDS 
MANUFACTURERS AND IMPORTERS. 
Section 904 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 287d) is amended by adding at the end 
the following new subsection: 
‘‘(f) REPORTING
OF CONSUMER COMPLAINTS
BY 
ENDS MANUFACTURERS AND IMPORTERS.— 
‘‘(1) IN
GENERAL.—Not later than the date 
that is 1 year after the date of enactment of the E- 
Cigarette Oversight and Accountability Act of 2020, 
and annually thereafter, each manufacturer or im-
porter of an electronic nicotine delivery system shall 
submit a report to the Secretary describing each 
consumer complaint received by the manufacturer or 
importer during the reporting period with respect to 
such system. 
‘‘(2) COMPLAINTS
INCLUDED.—The consumer 
complaints to be reported under paragraph (1) shall 
include complaints regarding— 
‘‘(A) adverse health effects associated with 
use of the electronic nicotine delivery system; 
‘‘(B) problematic marketing techniques as-
sociated with the electronic nicotine delivery 
system; and 
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‘‘(C) the illegal presence or offering for 
sale of the electronic nicotine delivery system in 
a retail facility or online. 
‘‘(3) CONSUMER PRIVACY.—The Secretary— 
‘‘(A) shall maintain the confidentiality of 
any individually identifiable consumer informa-
tion reported pursuant to this subsection; and 
‘‘(B) shall not require the inclusion of any 
such information in a report under this sub-
section.’’. 
SEC. 3. PUBLIC AVAILABILITY OF APPROVED PREMARKET 
APPLICATIONS 
FOR 
CERTAIN 
TOBACCO 
PRODUCTS. 
Subsection (c) of section 910 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 387j) is amended by 
adding at the end the following new paragraph: 
‘‘(6) PUBLIC
AVAILABILITY.—The Secretary 
shall establish, and update every 30 days, a publicly 
available database that contains a list of all tobacco 
products for which an order under paragraph 
(1)(A)(i) (authorizing the product to be introduced 
or delivered for introduction into interstate com-
merce) is in effect.’’. 
Æ 
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