Protecting American Lungs and Reversing the Youth Tobacco Epidemic Act of 2020

Bill: 116-hr-2339
Sponsor: Rep. Pallone, Frank, Jr. [D-NJ-6]
Introduced: 2019-04-18 in the House
Policy area: Health
Subjects: Administrative law and regulatory procedures
Cancer
Cardiovascular and respiratory health
Child health
Civil actions and liability
Congressional oversight
Consumer affairs
Department of Health and Human Services
Digestive and metabolic diseases
Drug safety, medical device, and laboratory regulation
Drug, alcohol, tobacco use
Food and Drug Administration (FDA)
Government information and archives
Government studies and investigations
Health care costs and insurance
Health care coverage and access
Health facilities and institutions
Health information and medical records
Health programs administration and funding
Health promotion and preventive care
Health technology, devices, supplies
Marketing and advertising
Medical research
Medical tests and diagnostic methods
Medicare
Mental health
Minority health
Racial and ethnic relations
Research administration and funding
Retail and wholesale trades
Sales and excise taxes
State and local courts
State and local government operations
User charges and fees

Summary:
action_date: 2019-04-18
text: 

Reversing the Youth Tobacco Epidemic Act of 2019

 
This bill revises regulations related to the safety, sale, and advertisement of tobacco products, including electronic nicotine delivery systems (e.g., e-cigarettes, e-hookah, e-cigars, and vape pens).
 
Among other requirements, the bill
 
 
requires the Food and Drug Administration (FDA) to implement regulations that require color graphics depicting the negative health consequences of smoking on the labeling of cigarette packages;
 
requires the FDA to apply regulations on tobacco products to all tobacco products, including e-cigarettes;
 
raises the minimum age for purchasing tobacco products to age 21, and makes it unlawful to market, advertise, or promote any electronic nicotine delivery system to individuals under such age; 
 
prohibits the retail online sale of tobacco products, including electronic nicotine delivery systems; 
 
prohibits the use of flavored products in an electronic nicotine delivery system, except in specified circumstances;
 
increases the user fees that the FDA collects from manufacturers and importers; and
 
directs the FDA to regulate products containing synthetic nicotine (not made or derived from tobacco).
 

action_date: 2020-02-21
text: 

Reversing the Youth Tobacco Epidemic Act of 2019

 
This bill revises requirements related to the safety, sale, and advertisement of tobacco products, including electronic nicotine delivery systems (e.g., e-cigarettes, e-hookah, e-cigars, and vape pens).
 
Among other requirements, the bill
 
 
requires the Food and Drug Administration (FDA) to implement regulations to require color graphics on the labeling of cigarette packages, depicting the negative health consequences of smoking; 
 
requires the FDA to apply regulations on tobacco products to all tobacco products, including e-cigarettes; 
 
generally prohibits the retail online sale of tobacco products, including electronic nicotine delivery systems; 
 
prohibits the use of flavored products in an electronic nicotine delivery system, except in specified circumstances; 
 
increases the user fees that the FDA collects from manufacturers and importers; 
 
directs the FDA to regulate products containing synthetic nicotine (not made or derived from tobacco); 
 
exempts certain cigars from premarket review requirements;
 
establishes a demonstration grant program to develop strategies for smoking cessation in medically underserved communities; 
 
increases civil penalties for certain violations of restrictions on the sale of tobacco products; and 
 
requires the Government Accountability Office to study e-cigarettes. 


action_date: 2020-02-28
text: 

Protecting American Lungs and Reversing the Youth Tobacco Epidemic Act of 2020

 
This bill revises requirements related to the safety, sale, and advertisement of tobacco products, including electronic nicotine delivery systems (e.g., e-cigarettes, e-hookah, e-cigars, and vape pens).
 
Among other requirements, the bill
 
 
requires the Food and Drug Administration (FDA) to implement regulations to require color graphics on the labeling of cigarette packages, depicting the negative health consequences of smoking; 
 
requires the FDA to apply regulations on tobacco products to all tobacco products, including e-cigarettes; 
 
generally prohibits the retail online sale of tobacco products, including electronic nicotine delivery systems; 
 
prohibits flavors other than tobacco in a tobacco product; 
 
prohibits the use of flavored products in an electronic nicotine delivery system, except in specified circumstances; 
 
increases the user fees that the FDA collects from manufacturers and importers; 
 
directs the FDA to regulate products containing nicotine not made or derived from tobacco plants (including nicotine from chemical synthesis, recombinant genetic technology, or extraction from non-tobacco plants); 
 
imposes an excise tax on nicotine that has been extracted, concentrated, or synthesized;
 
provides funding through FY2025 to support public education regarding tobacco regulation, public awareness regarding the harms associated with tobacco use, outreach to medically underserved communities regarding tobacco-use prevention and cessation, research grants related to tobacco-use prevention and cessation, and grants to health centers for tobacco-use cessation treatment;
 
establishes and provides funding through FY2025 for a demonstration grant program to develop strategies for smoking cessation (including of the use of menthol-flavored tobacco products) in medically underserved communities;
 
beginning in 2024, waives coinsurance under Medicare for colorectal-cancer screening tests;
 
specifies that a health insurance plan may still be treated, for certain tax-deduction purposes, as a high-deductible plan even if it does not have a deductible for certain inhalers or nebulizers; 
 
exempts certain cigars from premarket review requirements;
 
increases civil penalties for certain violations of restrictions on the sale of tobacco products; and 
 
requires the Government Accountability Office to study e-cigarettes. 



Legislative actions:
action_date: 2020-03-02
text: Received in the Senate and Read twice and referred to the Committee on Finance.
action_date: 2020-02-28
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2020-02-28
text: On passage Passed by the Yeas and Nays: 213 - 195 (Roll no. 78). (text: CR H1257-1262)
action_date: 2020-02-28
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 213 - 195 (Roll no. 78).
action_date: 2020-02-28
text: On motion to recommit with instructions Failed by the Yeas and Nays: 187 - 220 (Roll no. 77).
action_date: 2020-02-28
text: The previous question on the motion to recommit with instructions was ordered without objection.
action_date: 2020-02-28
text: Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Walden motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to insert a new title at the end of the bill, "Born-Alive Abortion Survivors Protection."
action_date: 2020-02-28
text: Mr. Walden moved to recommit with instructions to the Committee on Energy and Commerce. (text: CR H1286-1287)
action_date: 2020-02-28
text: Considered as unfinished business. (consideration: CR H1286-1289)
action_date: 2020-02-28
text: POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of Rule XIX, further proceedings on H.R. 2339 were postponed.
action_date: 2020-02-28
text: The previous question was ordered pursuant to the rule.
action_date: 2020-02-28
text: DEBATE - The House proceeded with 90 minutes of debate on H.R. 2339.
action_date: 2020-02-28
text: Rule provides for consideration of H.R. 2339 with 1 hour and 30 minutes of general debate. Motion to recommit with or without instructions allowed.
action_date: 2020-02-28
text: Considered under the provisions of rule H. Res. 866. (consideration: CR H1257-1286)
action_date: 2020-02-27
text: Rule H. Res. 866 passed House.
action_date: 2020-02-26
text: Rules Committee Resolution H. Res. 866 Reported to House. Rule provides for consideration of H.R. 2339 with 1 hour and 30 minutes of general debate. Motion to recommit with or without instructions allowed.
action_date: 2020-02-21
text: Placed on the Union Calendar, Calendar No. 324.
action_date: 2020-02-21
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 116-402.
action_date: 2020-02-21
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 116-402.
action_date: 2019-11-19
text: Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 24.
action_date: 2019-11-19
text: Committee Consideration and Mark-up Session Held.
action_date: 2019-11-13
text: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
action_date: 2019-11-13
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2019-10-16
text: Subcommittee Hearings Held.
action_date: 2019-04-19
text: Referred to the Subcommittee on Health.
action_date: 2019-04-18
text: Referred to the House Committee on Energy and Commerce.
action_date: 2019-04-18
text: Introduced in House
action_date: 2019-04-18
text: Introduced in House