SECTION 1. Short title.

SEC. 2. Findings.

(1) Tobacco use almost always begins during adolescence and, because nicotine is addictive, most youth tobacco users continue to use tobacco as adults, even if they intended to quit.

(2) According to the Surgeon General, “The use of products containing nicotine in any form among youth, including e-cigarettes, is unsafe” and “Nicotine exposure during adolescence can cause addiction and can harm the developing brain”.

(3) In 2018, youth e-cigarette use increased by 78 percent among high school students and by 48 percent among middle school students. More than 3.6 million youth currently use e-cigarettes, an increase of 1.5 million high school and middle school students in one year.

(4) In 2018, 28 percent of high school e-cigarette users and 16 percent of middle school e-cigarette users reported frequent use of e-cigarettes, using e-cigarettes on at least 20 of the preceding 30 days.

(5) Rising youth use of e-cigarettes is hindering progress in reducing youth tobacco use. The use of any tobacco product increased by 38 percent among high school students and 29 percent among middle school students between 2017 and 2018.

(6) Both the Surgeon General and the Commissioner of Food and Drugs have called the recent surge in youth e-cigarettes use an “epidemic”.

(7) The Surgeon General in 2018 issued an advisory emphasizing the need to take immediate action to stem the youth e-cigarette epidemic and to protect kids from a lifetime of nicotine addiction and related health risks.

(8) Youth use of cigars is a public health concern. High school boys smoke cigars at a higher rate than cigarettes (9 percent for cigars and 7.6 percent for cigarettes).

(9) Flavors play a significant role in attracting kids to tobacco products and make them easier to use by masking the harshness of tobacco products.

(10) A 2017 study identified more than 15,000 unique e-cigarette flavors available online. E-cigarettes come in flavors such as gummy bear, cotton candy, and fruit loops.

(11) The number of unique cigar flavor names more than doubled, from 108 to 250, between 2008 and 2015, and flavored cigars made up more than half of the convenience store cigar market in 2015. Cigars come in flavors such as chocolate, watermelon, and tropical fusion and are sold in convenience stores for as little as 3 for 99 cents.

(12) Youth often begin tobacco use with a flavored product. Eighty-one percent of youth who have ever used a tobacco product started with a flavored tobacco product.

(13) Flavors are a primary reason why youth use e-cigarettes and cigars. Eighty-two percent of current youth e-cigarette users and 74 percent of current youth cigar smokers said they used these products “because they come in flavors I like”.

(14) In 2018, the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) took action against some deceptive e-liquid products that look like kid-friendly juice boxes, cookies, and candy. Many similar products remain on the market.

(15) The American Association of Poison Control Centers reported more than 3,100 calls in 2018 due to exposure to e-liquids, and the American Academy of Pediatrics has warned about the dangers of accidental poisonings because of the appeal of the packaging of flavored products.

(16) Curbing the use of flavors in tobacco products will help to protect kids from nicotine addiction and tobacco-caused diseases such as cancer, heart disease, and respiratory disease.

SEC. 3. Additional restrictions on use of tobacco flavors.