Bustos Introduces Bill to Combat Youth Vaping After Vaping Roundtable Discussion

Bustos bill would protect American children from the dangers of e-cigarettes

Washington – Today, Congresswoman Cheri Bustos (IL-17) introduced the bipartisan, bicameral Resources to Prevent Youth Vaping Act following a roundtable discussion on e-cigarettes and vaping with members of the community. This legislation would allow the Food and Drug Administration (FDA) to conduct stronger oversight of the e-cigarette industry and increase awareness for the danger of e-cigarettes.

“From our smallest towns to our biggest cities, teen vaping is a scourge and we must take action,” Congresswoman Bustos said.“Vaping illness rates in Illinois have soared – that’s why I introduced legislation to help the FDA enforce the law, educate the public and regulate vaping companies. The health and wellbeing of our children and neighbors must be our top priority and this bill will increase prevention and awareness.”

“Our nation is facing a public health crisis because of the products made by e-cigarette manufacturers. It is past time for e-cigarette manufacturers to pay their fair share of user fees to FDA,” said Harold P. Wimmer, National President and CEO of the American Lung Association. “The American Lung Association is pleased to support Representative Bustos’ bill, the Resources to Prevent Youth Vaping Act, to ensure the FDA has adequate funding to combat the tobacco epidemic.”

“This important legislation increases the total amount of tobacco user fees by $100 million and authorizes the Food and Drug Administration (FDA) to collect user fees from all manufacturers and importers of tobacco products, including e-cigarettes. These fees would support critical activities at the FDA’s Center for Tobacco Products, including resources to review e-cigarette premarket tobacco applications that must be submitted to the Agency by May 12, 2020,” said the American Heart Association. “E-cigarette use among teens is skyrocketing, with more than 5 million youth using e-cigarettes, which is why we need strong legislation like this to protect youth from dangerous and addictive products. We are grateful to Representative Bustos (D-IL) for introducing the House version of the Resources to Prevent Youth Vaping Act.”

Currently, the FDA assesses and collects fees from tobacco and cigarette producers, which funds regulation and oversight. However, vaping and e-cigarette manufacturers are excluded from the FDA’s fee assessment. This legislation would reverse that and allow the FDA to additionally collect fees from vaping companies, which will support prevention and youth awareness efforts.

According to the Center for Disease Control and Prevention (CDC), e-cigarette use among high school students jumped from 1.5 to 27.5 percent from 2011 to 2019. As of November 14th, the CDC is investigating 2,172 cases of severe respiratory illness tied to vaping in 49 states. Illinois ranks among the top two states in the nation on the number of reported cases, and is tied for the highest number of deaths.

Companion legislation has been introduced in the U.S. Senate by Senators Jeanne Shaheen (D-NH), Lisa Murkowski (R-AK), Dick Durbin (D-IL), Mitt Romney (R-UT), Tammy Baldwin (D-WI) and Susan Collins (R-ME).

To view photos from today’s roundtable discussion, click here.


The Resources to Prevent Youth Vaping Act would enforce, educate and regulate by doing the following:

  • Enforce: Authorize the FDA to collect user fees from all manufacturers of products that have been deemed as tobacco products by FDA, including e-cigarettes. The amount collected from individual e-cigarette manufacturers will be proportional to their share of the overall tobacco market, as determined by FDA.
  • Educate: Allow the FDA to use this additional revenue from e-cigarette user fees to help support efforts to educate youth on the dangers of e-cigarettes, enforce regulations and conduct safety reviews on products.
  • Regulate: Increase the total amount that will be collected in tobacco user fees by $100 million in Fiscal Year (FY) 2020 and indexes that amount to inflation for future years.