Congresswomen Speier Introduces SMOKE Act to Regulate E-cigarette Products

Press Release

Congresswomen Jackie Speier (D-San Francisco/San Mateo) issued the following statement after introducing the Stop Selling and Marketing to Our Kids E-Cigarettes (SMOKE) Act in Congress today.

"The industry has lured children and teenagers with aggressive marketing tactics to use its products. With flavors like gummy bear, cotton candy, and chocolate cake, and devoid of child-proof containers, our kids are literally gobbling these things up. With advertising that uses sex and sex appeal, youth are drawn to these products in hopes they will make them more glamorous, sexy or appealing. It's time to regulate these products and protect our children," Congresswoman Speier said. "The legislation does not outlaw e-cigarettes for consenting adults, but simply requires that these products are safe, and will provide consumers with important information about these products."

The SMOKE Act:

∙ Prohibits marketing, promotion, and advertising of electronic nicotine delivery systems or e-liquids that would increase usage of the products by children. (This provision regulates advertising through the Federal Trade Commission).

∙ Designates that violating the above prohibition will be considered an unfair or deceptive act or practice.

∙ Vests the Federal Trade Commission with the authority to prosecute violators and subject them to penalties.

∙ Vests state attorney generals with the authority to bring action against violators and subject them to penalties.

∙ Includes electronic nicotine delivery systems and e-liquids as products that can be regulated, like traditional cigarettes, under the Federal Food, Drug, and Cosmetic Act. For example, this provision will make it so that the sale of electronic nicotine delivery systems and e-liquids are prohibited to minors under the age of 18.

∙ Amends the Federal Cigarette Labeling and Advertising Act so that electronic nicotine delivery systems and e-liquids can also be regulated like tobacco cigarettes. (The provision regulates advertising through the FDA).

∙ Requires the FDA to establish child-proof packaging standards for electronic nicotine delivery systems and e-liquids no later than one year after enactment of the SMOKE Act.

∙ Requires the FDA to establish dosage limits for electronic nicotine delivery systems and e-liquids no later than one year after enactment of the SMOKE Act.

∙ Requires the FDA to establish maximum levels of nicotine concentration and labeling requirements to clearly state the concentration of nicotine for e-liquids no later than one year after enactment of the SMOKE Act.

∙ Directs the FDA to complete a study on whether any flavorings help adults to quit smoking and/or appeal to children increasing their likelihood to use electronic nicotine delivery systems, no later than one year after enactment. Requires the FDA, based on its findings, to consider prohibitions or restrictions on flavorings.

∙ The SMOKE Act will not outlaw e-cigarettes for consenting adults. The purpose of the bill is to make sure these products are safe, to keep consumers informed about important safety information such as dosage guidelines, and to keep these products out of the hands of teens and kids -- especially the youngest children that run the highest risk of being poisoned.

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