CCAGW Annual Ratings

Flavored Tobacco Regulations – Passage


Passage of the bill that would give the Food and Drug Administration statutory authority over all tobacco products, including electronic nicotine delivery systems, or vaping products. It would prohibit flavored vaping products beginning 30 days after enactment and prohibit all flavored tobacco products beginning one year after enactment. The bill would require the FDA to issue a number of regulations on the sale and distribution of tobacco, including to apply existing rules for health warnings on cigarettes to all tobacco products and to prohibit remote retail sales of tobacco products, including online and through vending machines. It would double civil penalties for violations of such FDA regulations. It would prohibit the advertisement of vaping products in a manner that appeals to individuals under the age of 21 or without clearly disclosing the communication as an advertisement, and it would allow the Federal Trade Commission and state attorneys general to enforce such bans. The bill would authorize a total of $400 million annually for fiscal 2021 through 2025 for Center for Disease Control and Health and Human Services Department activities related to tobacco cessation and preventing tobacco addiction, including $75 million for CDC medical outreach programs in medically underserved communities; $75 million for Health and Human Services Department research; and $50 million for CDC and HHS public awareness and education activities related to tobacco use, with a focus on youth and young adults. Among other provisions, the bill would clarify that the purchase or possession of flavored tobacco products would not be subject to criminal penalty; establish an excise tax on nicotine used for vaping; require the FDA to issue regulations on products containing alternative nicotine; and require a Government Accountability Report on tobacco cessation, secondhand exposure, and harmful effects in relation to vaping. It would also specify that Medicare will cover colorectal cancer screenings beginning in 2024 and it would permit high deductible health plans to cover inhalers for treatment of chronic lung disease before the plan's deductible is met.

Vote Number: 
House Vote 78
Bill Number: 
HR 2339
CCAGW Position: 
Vote Results: 
Passed 213-195: R 5-177; D 208-17; I 0-1.