Title: E-Cigarette Oversight and Accountability Act of 2020
Policy area: Health

Summary:
E-Cigarette Oversight and Accountability Act of 2020
This bill requires manufacturers and importers of electronic nicotine delivery systems (e.g., e-cigarettes or vape pens) to report consumer complaints to the Food and Drug Administration (FDA). The bill also directs the FDA to establish and periodically update a public database of tobacco products authorized for sale.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5963 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 5963

   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.


_______________________________________________________________________


                    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 Representatives 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''.

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 importer 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 associated 
                with the electronic nicotine delivery system; and
                    ``(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 information reported 
                pursuant to this subsection; and
                    ``(B) shall not require the inclusion of any such 
                information in a report under this subsection.''.

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 
        commerce) is in effect.''.
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