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H.R.5010 / 113th Congress

SMOKE Act

Referred to the Subcommittee on Health.

Official summary

Version 00 · Introduced in House · Jun 26, 2014

Stop Selling and Marketing to Our Kids E-Cigarettes Act or the SMOKE Act - Amends the Food, Drug, and Cosmetic Act to define "electronic nicotine delivery system" (e-cigarette) and "e-liquid" (solution used in an e-cigarette). Gives the Food and Drug Administration (FDA) authority to regulate e-cigarettes and e-liquids as tobacco products.

Amends the Federal Cigarette Labeling and Advertising Act to include e-cigarettes and e-liquids in the definition of cigarettes, thereby: (1) requiring warning labels to appear on packaging and advertising, and (2) prohibiting advertising in electronic media regulated by the Federal Communications Commission (FCC).

Requires the FDA to study the effects of flavorings added to e-cigarettes and e-liquids, including whether flavorings appeal to children or help adults quit smoking. Requires, upon completion of the study, the FDA to consider restricting the use of flavorings.

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Directs the FDA to require child-proof packaging for e-cigarettes and e-liquids.

Directs the FDA to set nicotine dosage and concentration limits for e-cigarettes and e-liquids, respectively, and allows for exceptions.

Prohibits advertisement, promotion, or marketing of e-cigarettes and e-liquids in a manner that increases their use by minors. Sets forth authority for: (1) the Federal Trade Commission (FTC) to enforce violations as an unfair or deceptive act or practice, and (2) states to bring civil actions on behalf of residents threatened or adversely affected by such a violation. Allows the FTC to intervene and appeal in state actions.

Read the summary on Congress.gov
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Who introduced it

Rep. Speier, Jackie [D-CA-14] · D–CA

Committees

  • Energy and Commerce Committee
6 cosponsorship records, including any withdrawals

Actions

A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.

  1. Referred to the Subcommittee on Health.

  2. Referred to the House Committee on Energy and Commerce.

  3. Introduced in House

  4. Introduced in House

Bill text & related measures

Text links open the official source. We currently store references to these documents.

Related bills identified by Congress.gov

Source last updated: Aug 12, 2025. Consult Congress.gov for the current record.

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Objective

Analyze H.R.5010 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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