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Bill116th CongressFiled Apr 18, 2019Health
H.R. 2339

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

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What it doesSummary passed house (Feb 28, 2020)

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.   

What just happenedMar 2, 2020

Received in the Senate and Read twice and referred to the Committee on Finance.

Who’s behind it

Rep. Pallone, Frank, Jr. [D-NJ-6](D-NJ)Sponsor
126 cosponsors124 D2 R
Read on Congress.gov
126cosponsors2committees28actions1amendments6related bills34subjects
  1. Mar 2, 2020IntroReferral

    Received in the Senate and Read twice and referred to the Committee on Finance.

    Finance Committee
  2. Feb 28, 2020FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  3. Feb 28, 2020FloorH37100

    On passage Passed by the Yeas and Nays: 213 - 195 (Roll no. 78). (text: CR H1257-1262)

  4. Feb 28, 2020Floor8000

    Passed/agreed to in House: On passage Passed by the Yeas and Nays: 213 - 195 (Roll no. 78).

  5. Feb 28, 2020FloorH36110

    On motion to recommit with instructions Failed by the Yeas and Nays: 187 - 220 (Roll no. 77).

    Energy and Commerce Committee
  6. Feb 28, 2020FloorH8A000

    The previous question on the motion to recommit with instructions was ordered without objection.

  7. Feb 28, 2020FloorH8D000

    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."

  8. Feb 28, 2020FloorH36100

    Mr. Walden moved to recommit with instructions to the Committee on Energy and Commerce. (text: CR H1286-1287)

    Energy and Commerce Committee
  9. Feb 28, 2020FloorH30000

    Considered as unfinished business. (consideration: CR H1286-1289)

  10. Feb 28, 2020FloorH8D000

    POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of Rule XIX, further proceedings on H.R. 2339 were postponed.

  11. Feb 28, 2020FloorH35000

    The previous question was ordered pursuant to the rule.

  12. Feb 28, 2020FloorH8D000

    DEBATE - The House proceeded with 90 minutes of debate on H.R. 2339.

  13. Feb 28, 2020FloorH8D000

    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.

  14. Feb 28, 2020FloorH30000

    Considered under the provisions of rule H. Res. 866. (consideration: CR H1257-1286)

  15. Feb 27, 2020FloorH1L220

    Rule H. Res. 866 passed House.

  16. Feb 26, 2020FloorH1L210

    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.

  17. Feb 21, 2020CalendarsH12410

    Placed on the Union Calendar, Calendar No. 324.

  18. Feb 21, 2020CommitteeH12200

    Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 116-402.

    Energy and Commerce Committee
  19. Feb 21, 2020Committee5000

    Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 116-402.

    Energy and Commerce Committee
  20. Nov 19, 2019Committee

    Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 24.

    Energy and Commerce Committee
  21. Nov 19, 2019Committee

    Committee Consideration and Mark-up Session Held.

    Energy and Commerce Committee
  22. Nov 13, 2019Committee

    Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .

    Health Subcommittee
  23. Nov 13, 2019Committee

    Subcommittee Consideration and Mark-up Session Held.

    Health Subcommittee
  24. Oct 16, 2019Committee

    Subcommittee Hearings Held.

    Health Subcommittee
  25. Apr 19, 2019Committee

    Referred to the Subcommittee on Health.

    Health Subcommittee
  26. Apr 18, 2019IntroReferralH11100

    Referred to the House Committee on Energy and Commerce.

    Energy and Commerce Committee
  27. Apr 18, 2019IntroReferralIntro-H

    Introduced in House

  28. Apr 18, 2019IntroReferral1000

    Introduced in House

Passed HouseFeb 28, 202053

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.   
Reported to HouseFeb 21, 20207

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.  
Introduced in HouseApr 18, 2019

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).
Protecting American Lungs and Reversing the Youth Tobacco Epidemic Act of 2020 — Informed