The Pallone-Shalala proposal features four main components:
HR 2339 would increase the nationwide legal sales age for all tobacco and nicotine products.
The bill bans flavors, including menthol, and additionally prohibits all e-commerce sales of electronic nicotine delivery systems (ENDS) and other deemed tobacco products.
FDA will be given more regulatory power which includes more marketing and advertising controls shared with the Federal Trade Commission.
This is the only anti-vaping proposal currently before Congress that has the support of the large public health advocacy groups like the American Lung Association and the American Cancer Society.
Michael McGrady reports that rules based on the Australian system could have negative consequences in America:
Based on these identified components, my main concerns focused on the ban of all flavors and e-commerce sales. For starters, the Pallone-Shalala bill will be the end of the e-commerce trade of ENDS and vape products if it is passed. Small manufacturers and shops that rely heavily on e-commerce as a sales channel will shutter. However, the most concerning implications in this regard is the subcategory of products that come from DIY mixers and home-made component producers (e.g., “the mix e-juices in my garage” crowd).