Sec. 102. Amendments
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Section 1 of the Act of October 19, 1949 ( 15 U.S.C. 375 ); commonly referred to as the Jenkins Act ), is amended— in paragraph (2)— in subparagraph (A)— in clause
(i)by striking and at the end; in clause
(ii)by striking the period at the end and inserting ; and ; and by adding at the end the following: includes electronic cigarettes. ; and in subparagraph (B)— in the heading by striking and inserting Exception ; Inclusions by striking does not include and inserting includes ; and by inserting and pipe tobacco (as defined in before the period at the end; and section 5702 of the Internal Revenue Code of 1986) by inserting after paragraph
(6)the following: The term electronic cigarette means any electronic device that delivers nicotine, flavor, or other substance via an aerosolized solution (including an electronic cigarette, cigar, pipe, or hookah) to the user inhaling from the device (including any component, liquid, part, or accessory of such a device whether or not sold separately) but excludes a product that— is approved by the Food and Drug Administration for sale as a tobacco cessation product or for another therapeutic purpose; and is marketed and sold solely for a purpose approved as described in subparagraph (A). .
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U.S. Code