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H.R. 9367

BillFederalHouseIn Committee
To amend the Federal Food, Drug, and Cosmetic Act to require a recall of electronic nicotine delivery systems that have not been subject to premarket review, and for other purposes.
About This Bill
Committee
Latest Action · August 16, 2024
Referred to the House Committee on Energy and Commerce.
Congress
118th (2023–2025)
Introduced
August 16, 2024
Cosponsors (0)
None
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Summary

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This bill requires the FDA to recall all electronic nicotine delivery systems, commonly known as vaping devices, that have not received pre-market approval from the federal government. The legislation broadly defines vaping devices to include e-cigarettes, vape pens, e-hookah, and similar products along with their components and liquids. Within 60 days of the bill's enactment, the FDA must order manufacturers, importers, distributors, and retailers to immediately stop selling these unapproved vaping products and remove them from shelves, though products already in individual consumers' hands would not be recalled. The bill also eliminates any exemptions that vaping companies might claim and requires these products to undergo full premarket review before they can be sold, with companies given an opportunity for a hearing within 10 days of receiving a recall order. No specific funding is allocated in the bill for implementation of these recall requirements.

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