Protecting Children from Electronic Cigarette Advertising Act of 2014 - Prohibits advertisement, promotion, or marketing in commerce of electronic cigarettes in a manner that is known, or should be known, to increase the use of electronic cigarettes by children under the age of 18.
Defines "electronic cigarette" as a battery-operated product designed to: (1) deliver nicotine, flavor, or other chemicals; and (2) turn chemicals, such as nicotine, into an aerosol that is inhaled by the user.
Sets forth authority for: (1) the Federal Trade Commission (FTC) to enforce violations as an unfair or deceptive act or practice, and (2) states to bring civil actions on behalf of residents threatened or adversely affected by such a violation.
Establishes a civil penalty to be available in state actions that is calculated by multiplying the number of days that a person is not in compliance with such prohibition by an amount up to $16,000, adjusted annually for inflation.
Allows the FTC to intervene and appeal in state actions.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4325 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4325
To prohibit the marketing of electronic cigarettes to children, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 27, 2014
Ms. Esty (for herself, Mr. Bishop of New York, Mrs. Bustos, Ms.
DeGette, Mr. Ruiz, and Ms. Schakowsky) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To prohibit the marketing of electronic cigarettes to children, 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 ``Protecting Children from Electronic
Cigarette Advertising Act of 2014''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) According to the Food and Drug Administration, because
electronic cigarettes have not been fully studied, consumers
currently do not know--
(A) the potential risks of electronic cigarettes
when used as intended;
(B) how much nicotine or other potentially harmful
chemicals are being inhaled during use; or
(C) if there are any benefits associated with using
these products.
(2) Most electronic cigarettes contain widely varying
levels of nicotine, which is a highly addictive drug that
impacts the cardiovascular system and can be lethal when
delivered in high doses.
(3) According to the Surgeon General, adolescents are
particularly vulnerable to the adverse effects of nicotine and
adolescent exposure to nicotine may have lasting adverse
consequences for brain development.
(4) Use of electronic cigarettes has risen in youth
according to a study by the Centers for Disease Control and
Prevention that was released in September 2013, which found
that in one year, from 2011 to 2012, the percentage of middle
and high school students who had ever used electronic
cigarettes more than doubled.
(5) Electronic cigarette use may lead children to become
addicted to nicotine and could be a gateway to various tobacco
products.
(6) Marketing of electronic cigarettes to youth is
occurring in the form of advertising using cartoons and
sponsorships of events popular with youth such as concerts and
sporting events.
(b) Sense of Congress.--It is the sense of Congress that the
Federal Trade Commission should prohibit the advertising, promoting,
and marketing in commerce of electronic cigarettes to children as an
unfair or deceptive act or practice, in order to protect the health of
the youth of the United States.
SEC. 3. PROHIBITION ON MARKETING OF ELECTRONIC CIGARETTES TO CHILDREN.
(a) Definitions.--In this section:
(1) Child.--The term ``child'' means an individual who is
under the age of 18 years.
(2) Commerce.--The term ``commerce'' has the meaning given
such term in section 4 of the Federal Trade Commission Act (15
U.S.C. 44).
(3) Electronic cigarette.--The term ``electronic
cigarette'' means a battery-operated product designed to
deliver nicotine, flavor, or other chemicals and that turns
chemicals, such as nicotine, into an aerosol that is inhaled by
the user.
(b) Prohibition.--No person may advertise, promote, or market in
commerce an electronic cigarette in a manner that the person knows or
should know will have the effect of increasing the use of an electronic
cigarette by a child.
(c) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive act or practice.--A violation of
subsection (b) shall be treated as a violation of a rule
defining an unfair or deceptive act or practice described under
section 18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--The Federal Trade Commission shall
enforce this section in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of
the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this section.
(B) Privileges and immunities.--Any person who
violates this section shall be subject to the penalties
and entitled to the privileges and immunities provided
in the Federal Trade Commission Act (15 U.S.C. 41 et
seq.).
(C) Rulemaking.--The Federal Trade Commission may
promulgate standards and rules to carry out this
section in accordance with section 553 of title 5,
United States Code.
(d) Enforcement by States.--
(1) In general.--In any case in which the attorney general
of a State has reason to believe that an interest of the
residents of the State has been or is threatened or adversely
affected by the engagement of any person subject to subsection
(b) in a practice that violates such subsection, the attorney
general of the State may, as parens patriae, bring a civil
action on behalf of the residents of the State in an
appropriate district court of the United States--
(A) to enjoin further violation of such subsection
by such person;
(B) to compel compliance with such subsection;
(C) to obtain damages, restitution, or other
compensation on behalf of such residents;
(D) to obtain such other relief as the court
considers appropriate; or
(E) to obtain civil penalties in the amount
determined under paragraph (2).
(2) Civil penalties.--
(A) Calculation.--For purposes of imposing a civil
penalty under paragraph (1)(E) with respect to a person
who violates subsection (b), the amount determined
under this paragraph is the amount calculated by
multiplying the number of days that the person is not
in compliance with subsection (b) by an amount not
greater than $16,000.
(B) Adjustment for inflation.--Beginning on the
date on which the Bureau of Labor Statistics first
publishes the Consumer Price Index after the date that
is 1 year after the date of the enactment of this Act,
and annually thereafter, the amounts specified in
subparagraph (A) shall be increased by the percentage
increase in the Consumer Price Index published on that
date from the Consumer Price Index published the
previous year.
(3) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Federal Trade Commission in
writing that the attorney general intends to
bring a civil action under paragraph (1) not
later than 10 days before initiating the civil
action.
(ii) Contents.--The notification required
by clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required by clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the Federal
Trade Commission immediately upon instituting
the civil action.
(B) Intervention by federal trade commission.--The
Federal Trade Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal of a
decision in the civil action.
(4) Investigatory powers.--Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to conduct investigations, to administer
oaths or affirmations, or to compel the attendance of witnesses
or the production of documentary or other evidence.
(5) Preemptive action by federal trade commission.--If the
Federal Trade Commission institutes a civil action or an
administrative action with respect to a violation of subsection
(b), the attorney general of a State may not, during the
pendency of such action, bring a civil action under paragraph
(1) against any defendant named in the complaint of the
Commission for the violation with respect to which the
Commission instituted such action.
(6) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in--
(i) the district court of the United States
that meets applicable requirements relating to
venue under section 1391 of title 28, United
States Code; or
(ii) another court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
(7) Actions by other state officials.--
(A) In general.--In addition to civil actions
brought by attorneys general under paragraph (1), any
other officer of a State who is authorized by the State
to do so may bring a civil action under paragraph (1),
subject to the same requirements and limitations that
apply under this subsection to civil actions brought by
attorneys general.
(B) Savings provision.--Nothing in this subsection
may be construed to prohibit an authorized official of
a State from initiating or continuing any proceeding in
a court of the State for a violation of any civil or
criminal law of the State.
(e) Construction.--Nothing in this section shall be construed to
limit or diminish the authority of the Food and Drug Administration to
regulate the marketing of electronic cigarettes, including the
marketing of electronic cigarettes to children.
(f) Relation to State Law.--This section shall not be construed as
superseding, altering, or affecting any provision of law of a State,
except to the extent that such provision of law is inconsistent with
the provisions of this section, and then only to the extent of the
inconsistency.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
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