Sec. 4. Maximum nicotine content in e-liquids
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Paragraph
(1)of section 907(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387g(a) ) is amended by adding at the end the following new subparagraph: Beginning on the date of enactment of the Ending Nicotine Dependence from Electronic Nicotine Delivery Systems Act of 2021 , an e-liquid shall not have a concentration of nicotine higher than— 20 milligrams per milliliter; or such lower nicotine concentration as is determined by the Secretary to be minimally addictive or non-addictive. . Section 900 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387 ) is amended— by redesignating paragraphs
(8)through
(22)as paragraphs
(10)through (24), respectively; and by inserting after paragraph
(7)the following: The term electronic nicotine delivery system means a tobacco product that is an electronic device that delivers nicotine, flavor, or another substance via an aerosolized solution to the user inhaling from the device (including e-cigarettes, e-hookah, e-cigars, vape pens, advanced refillable personal vaporizers, and electronic pipes) and any component, liquid, part, or accessory of such a device, whether or not sold separately. The term e-liquid means any liquid intended for use with an electronic nicotine delivery system. . Section 9(1) of the Comprehensive Smokeless Tobacco Health Education Act of 1986 ( 15 U.S.C. 4408(1) ) is amended by striking 900(18) and inserting 900(20) .
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