This bill — the Protecting American Lungs and Reversing the Youth Tobacco Epidemic Act of 2020 — would impose a number of restrictions on tobacco products & sales (including vaping products), increase tobacco & nicotine taxes, and ban flavored tobacco products. It consolidates provisions from four bills into this one piece of legislation, a breakdown of which can be found below.
Reversing the Youth Tobacco Epidemic Act
This section would revise requirements related to the safety, sale, and advertisement of tobacco products, including electronic nicotine delivery systems such as e-cigarettes, e-hookahs, e-cigars, and vape pens. It would also:
Require the Food & Drug Administration (FDA) to implement regulations to require color graphics on cigarette package labels depicting the negative health consequences of smoking;
Require the FDA to apply tobacco product regulations to all tobacco products, including e-cigarettes;
Generally prohibit online retail sales of tobacco products, including electronic nicotine delivery systems;
Prohibit the use of flavored products in an electronic nicotine delivery system, except in specified circumstances;
Increase user fees that the FDA collects from manufacturers and importers;
Direct the FDA to regulate products containing synthetic nicotine (not made or derived from tobacco);
Exempt cigars from premarket review requirements;
Establish a demonstration grant program to develop strategies for smoking cessation in medically underserved communities;
Increase civil penalties for certain violations on the sale of tobacco products; and
Require the Government Accountability Office to study e-cigarettes.
Protecting American Lungs Act
This section would impose an excise tax on “taxable nicotine” — which is nicotine that has been extracted, concentrated, or synthesized and is treated as a tobacco product. The tax wouldn’t apply to nicotine used in a product that has been approved by the FDA for sale as a nicotine replacement therapy.
Inhaler Coverage and Access Now (I CAN) Act
This section would provide coverage under a high deductible health plan not requiring a deductible of inhalers for treatment of any chronic lung disease, including asthma (and any medicine or drug which is delivered through such inhalers for treatment of such diseases).
Removing Barriers to Colorectal Cancer Screening Act
This section would waive Medicare coinsurance requirements for colorectal cancer screening tests, regardless of the code billed for a resulting diagnosis or procedure.