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H.R. 2339, Another Unprecedented Legislation

Posted by T.J. Feener on Mar 2nd 2020

H.R. 2339, Another Unprecedented Legislation

Here we go again,

If you dont already know about H.R. 2339 here is a small summary of what it does, it is a bill introduced by Rep. Pallone, Frank, Jr. [D-NJ-6] on 04/18/2019. to revise the "Youth Tobacco Epidemic Act 2019" to include a few changes:

  • requires the Food and Drug Administration (FDA) to implement regulations to require color graphics on the labeling of cigarette packages, depicting the negative health consequences of smoking;
  • requires the FDA to apply regulations on tobacco products to all tobacco products, including e-cigarettes;
  • generally prohibits the retail online sale of tobacco products, including electronic nicotine delivery systems;
  • prohibits the use of flavored products in an electronic nicotine delivery system, except in specified circumstances;
  • increases the user fees that the FDA collects from manufacturers and importers;
  • directs the FDA to regulate products containing synthetic nicotine (not made or derived from tobacco);
  • exempts certain cigars from premarket review requirements;
  • establishes a demonstration grant program to develop strategies for smoking cessation in medically underserved communities;
  • increases civil penalties for certain violations of restrictions on the sale of tobacco products; and
  • requires the Government Accountability Office to study e-cigarettes. 

Now that you understand the extreme nature of this bill lets dabble into it a little bit, and try and make some sense of what this bill is designed to do. First of all, prohibition of any kind has been proven time and time again not to work. How, in the 21st century we still have legislation even hinting towards a prohibition of any kind is beyond me, but this is where we are at. Under this new bill designed to help "curb the youths of america from picking up a vape", the bill introduced the notion to ban all flavors of e-juice, as well as online retail sales. What in the what is this going to accomplish, besides removing law abiding adult smokers access to products that can potentially save lives? According the the CDC report found HERE the flavors are not what is attracting kids to vape, their study has shown that the leading reason is curiosity.

In reference to online sales most if not all have installed age gate programs designed to prevent underage patrons from purchasing tobacco products from their online stores, and these systems are extremely hard to break and get-around. In my experience it is not online retailers who are supporting these bad habits of underage smokers, but rather brick-and-motor shops and a large percent of general convenience stores. 

America what are we doing? When we drive on the free why is it that we abide speed limit laws? Not because if we don't the government is going to start a prohibition against cars, it's because if you are caught breaking the law you get a nice hefty fine. Why has his model not been adapted towards youth smokers? It's pretty simple, you get caught with a tobacco product and you are underage $250+ fine. If you are under 18 this fine gets passed on to your parents. Not only is this going to hit the underage smokers where it actually hurts, but it may force parents to take responsibility for their child's actions. Most importantly, legislation like this will not impact all of us law abiding citizens by removing our access to life saving products. It will bring in a new revenue stream to help fund education measures to help stop kids from smoking or vaping in the first place, I call that a win win.

H.R 2339 passed the house of representatives with a vote of 213 yaa-195 nay on 02/28/2020 (insert face palm here) 

The next step is the senate and then the president before the bill becomes a law. Luckily for us the white house released this press release outlining their stance on the bill:

So it is looking good that this bill will NOT make its way a law which is a great thing, when is enough enough tho? How many more of these one sided bills are we going to have to fight with tooth and nail just to get the government to understand that these products are here to stay. I couldn't tell you, but I do feel that there are plenty more important changes we need in our county right now that are getting side stepped while we waste time and resources on nonsense like this. 

Make your voices heard, vote out all of these politicians that are voting yes on bills like these. Send emails to your representatives, make phone calls, go to events. Let them know that their constituents DO NOT agree with the direction they are taking our country, and that we will not be silent about these issues that directly effect our day to day lives. 

To follow this bill and write a letter to your representatives, CASAA has set up a page HERE