I 
116TH CONGRESS 
1ST SESSION H. R. 1498 
To impose additional restrictions on tobacco flavors for use in e-cigarettes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 5, 2019 
Ms. DEGETTE (for herself and Mr. RASKIN) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To impose additional restrictions on tobacco flavors for use 
in e-cigarettes. 
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 ‘‘Stopping Appealing 
Flavors in E-Cigarettes for Kids Act’’ or the ‘‘SAFE Kids 
Act’’. 
SEC. 2. FINDINGS. 
Congress finds as follows: 
(1) Tobacco use almost always begins during 
adolescence and, because nicotine is addictive, most 
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youth tobacco users continue to use tobacco as 
adults, even if they intended to quit. 
(2) According to the Surgeon General, ‘‘The 
use of products containing nicotine in any form 
among youth, including e-cigarettes, is unsafe’’ and 
‘‘Nicotine exposure during adolescence can cause ad-
diction and can harm the developing brain’’. 
(3) In 2018, youth e-cigarette use increased by 
78 percent among high school students and by 48 
percent among middle school students. More than 
3.6 million youth currently use e-cigarettes, an in-
crease of 1.5 million high school and middle school 
students in one year. 
(4) In 2018, 28 percent of high school e-ciga-
rette users and 16 percent of middle school e-ciga-
rette users reported frequent use of e-cigarettes, 
using e-cigarettes on at least 20 of the preceding 30 
days. 
(5) Rising youth use of e-cigarettes is hindering 
progress in reducing youth tobacco use. The use of 
any tobacco product increased by 38 percent among 
high school students and 29 percent among middle 
school students between 2017 and 2018. 
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(6) Both the Surgeon General and the Commis-
sioner of Food and Drugs have called the recent 
surge in youth e-cigarettes use an ‘‘epidemic’’. 
(7) The Surgeon General in 2018 issued an ad-
visory emphasizing the need to take immediate ac-
tion to stem the youth e-cigarette epidemic and to 
protect kids from a lifetime of nicotine addiction and 
related health risks. 
(8) Youth use of cigars is a public health con-
cern. High school boys smoke cigars at a higher rate 
than cigarettes (9 percent for cigars and 7.6 percent 
for cigarettes). 
(9) Flavors play a significant role in attracting 
kids to tobacco products and make them easier to 
use by masking the harshness of tobacco products. 
(10) A 2017 study identified more than 15,000 
unique e-cigarette flavors available online. E-ciga-
rettes come in flavors such as gummy bear, cotton 
candy, and fruit loops. 
(11) The number of unique cigar flavor names 
more than doubled, from 108 to 250, between 2008 
and 2015, and flavored cigars made up more than 
half of the convenience store cigar market in 2015. 
Cigars come in flavors such as chocolate, water-
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melon, and tropical fusion and are sold in conven-
ience stores for as little as 3 for 99 cents. 
(12) Youth often begin tobacco use with a fla-
vored product. Eighty-one percent of youth who have 
ever used a tobacco product started with a flavored 
tobacco product. 
(13) Flavors are a primary reason why youth 
use e-cigarettes and cigars. Eighty-two percent of 
current youth e-cigarette users and 74 percent of 
current youth cigar smokers said they used these 
products ‘‘because they come in flavors I like’’. 
(14) In 2018, the Food and Drug Administra-
tion (FDA) and the Federal Trade Commission 
(FTC) took action against some deceptive e-liquid 
products that look like kid-friendly juice boxes, cook-
ies, and candy. Many similar products remain on the 
market. 
(15) The American Association of Poison Con-
trol Centers reported more than 3,100 calls in 2018 
due to exposure to e-liquids, and the American 
Academy of Pediatrics has warned about the dan-
gers of accidental poisonings because of the appeal 
of the packaging of flavored products. 
(16) Curbing the use of flavors in tobacco prod-
ucts will help to protect kids from nicotine addiction 
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and tobacco-caused diseases such as cancer, heart 
disease, and respiratory disease. 
SEC. 3. ADDITIONAL RESTRICTIONS ON USE OF TOBACCO 
FLAVORS. 
(a) 
TOBACCO
PRODUCT
STANDARDS.—Section 
907(a)(1) of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 387g) is amended— 
(1) by redesignating subparagraph (B) as sub-
paragraph (C); and 
(2) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) SPECIAL RULE FOR TOBACCO PROD-
UCTS OTHER THAN CIGARETTES.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), a tobacco product that 
is not a cigarette, or any component, part, 
or accessory of such a product, shall not 
contain, as a constituent (including a 
smoke or aerosol constituent) or additive, 
an artificial or natural flavor (other than 
tobacco) or an herb or spice (including 
menthol, strawberry, grape, orange, clove, 
cinnamon, pineapple, vanilla, coconut, lico-
rice, cocoa, chocolate, cherry, and coffee) 
that is a characterizing flavor of the to-
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bacco product, tobacco smoke, or aerosol 
emitted from the product. Nothing in this 
subparagraph shall be construed to limit 
the Secretary’s authority to take action 
under this section or other provisions of 
this Act applicable to any artificial or nat-
ural flavor, herb, or spice not specified in 
this subparagraph. 
‘‘(ii) EXCEPTIONS.—An electronic nic-
otine delivery system component or part 
shall not contain or use an artificial or 
natural flavor (other than tobacco) that is 
a characterizing flavor of the product or its 
aerosol unless the Secretary issues an 
order finding that a manufacturer has 
demonstrated that use of the character-
izing flavor— 
‘‘(I) will increase the likelihood of 
smoking 
cessation 
among 
current 
users of tobacco products; 
‘‘(II) will not increase the likeli-
hood of youth initiation of nicotine or 
tobacco products; and 
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‘‘(III) will not increase the likeli-
hood of harm to the person using the 
characterizing flavor.’’. 
(b) DEFINITIONS.—Section 900 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 387) is amended— 
(1) by redesignating paragraphs (8) through 
(22) as paragraphs (9) through (23); and 
(2) by inserting after paragraph (7) the fol-
lowing: 
‘‘(8) ELECTRONIC
NICOTINE
DELIVERY
SYS-
TEM.—The term ‘electronic nicotine delivery sys-
tem’— 
‘‘(A) means any electronic device that de-
livers nicotine, flavor, or another substance via 
an aerosolized solution to the user inhaling 
from the device (including e-cigarettes, e-hook-
ah, e-cigars, vape pens, advanced refillable per-
sonal vaporizers, and electronic pipes) and any 
component, liquid, part, or accessory of such a 
device, whether or not sold separately; and 
‘‘(B) does not include a product that— 
‘‘(i) is approved by the Food and 
Drug Administration for sale as a tobacco 
cessation product or for another thera-
peutic purpose; and 
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‘‘(ii) is marketed and sold solely for a 
purpose described in clause (i).’’. 
(c) CONFORMING AMENDMENT.—Section 9(1) of the 
Comprehensive Smokeless Tobacco Health Education Act 
of 1986 (15 U.S.C. 4408(1)) is amended by striking ‘‘sec-
tion 900(18)’’ and inserting ‘‘section 900(19)’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 1 year after the date of enact-
ment of this Act. 
Æ 
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