Troutman Pepper Strategies (TPS), a full-service government affairs and issue management arm of Troutman Pepper, regularly communicates with members of Congress and staff, including relevant committee staff, regarding the status of tobacco-related legislation and policy. These relationships include and extend beyond the congressional committees with tobacco jurisdiction, such as the House Energy & Commerce Committee and the Senate HELP Committee. Additionally, TPS communicates with agency officials, including the Food and Drug Administration and the White House, about tobacco-related regulations and policy.

Legislative & Regulatory Tracking

TPS is closely tracking several tobacco-related bills currently introduced in Congress. TPS can provide summaries and bill analysis when new legislation is introduced. TPS is currently tracking the legislation outlined below, among other bills and regulations.

H.R. 2339 (116th Congress) – Reversing the Youth Tobacco Epidemic Act, sponsored by Rep. Frank Pallone (D-NJ)

• Prohibits the sale of flavored tobacco products and restricts certain online sales (including ENDS products), among other provisions
• Passed in the House 2/28/2020 by a vote of 213 – 195
• https://www.congress.gov/bill/116th-congress/house-bill/2339/text

S. 1314 & H.R. 2786 – Tobacco Tax Equity Act of 2021, sponsored by Sen. Dick Durbin (D-IL) and Rep. Raja Krishnamoorthi (D-IL)

• Raises federal excise taxes on all tobacco products and establishes an excise tax for e-cigarettes
• No action taken on either bill
• https://www.congress.gov/bill/117th-congress/senate-bill/1314/text

S. 411 – MOMMA’s Act, sponsored by Sen. Dick Durbin (D-IL)

• Raises federal excise taxes on all tobacco products and establishes an excise tax for e-cigarettes.
• S. 411 is a larger bill pertaining to maternal health that includes Sen. Durbin’s bill S. 1314, the Tobacco Tax Equity Act of 2021
• https://www.congress.gov/bill/117th-congress/senate-bill/411/text

H.R. 3051 – End ENDS Act, sponsored by Rep. Raja Krishnamoorthi

• Caps e-cigarette nicotine concentrations at 20 milligrams per milliliter and allows the FDA to lower the cap to a minimally addictive or non-addictive level below 20 milligrams per milliliter

S. 438 – Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2021, sponsored by Sen. Marco Rubio (R-FL)

• Defines a large and premium cigar and exempts large and premium cigars from certain FDA regulations.
• https://www.congress.gov/bill/117th-congress/senate-bill/438?s=1&r=6

FDA’s proposed product standard banning menthol as a characterizing flavor in cigarettes and banning all flavors in cigars

• https://www.fda.gov/news-events/press-announcements/fda-commits-evidence-based-actions-aimed-saving-lives-and-preventing-future-generations-smokers