S. 3319 – SAFE Kids Act

AI-Generated Summary

Updated April 15, 2026 at 11:18 PM UTC

The SAFE Kids Act would tighten federal rules on flavors used in tobacco products that are not cigarettes, especially e‑cigarettes and related parts. It bans most artificial or natural flavors—such as menthol, fruit, and dessert flavors—unless the FDA (the Secretary) determines the flavor helps adult smokers quit, does not encourage youth use, and does not add health risk. The bill also defines what counts as an electronic nicotine delivery system and sets the new rules to start one year after the law is passed.

Key Provisions

Adds a new “special rule” that prohibits non‑cigarette tobacco products and their components from containing any non‑tobacco flavor, herb, or spice (including menthol, fruit, and dessert flavors).
Creates an exception for e‑cigarette parts or liquids if the FDA issues an order finding the flavor meets three conditions: it aids smoking cessation, it does not increase youth initiation, and it does not increase health harm.
Defines “electronic nicotine delivery system” to include e‑cigarettes, vape pens, e‑hookah, etc., but excludes products approved by the FDA as tobacco‑cessation or therapeutic devices.
Updates related statutory references to align with the new definitions and rules.
Specifies that the new flavor restrictions become effective one year after enactment.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S5585)

Health, Education, Labor, and Pensions Committee

August 1, 2018

View full timeline

SenateIntro Referral

Introduced in Senate

August 1, 2018

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S5585)

Health, Education, Labor, and Pensions Committee

August 1, 2018

Floor Debate

2 members

What members said about S. 3319 on the floor

2 Democrats

Sen. Richard J. DurbinD-IL · Aug 1, 2018

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Charles E. SchumerD-NY · Aug 1, 2018

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Richard J. DurbinD-IL · Aug 1, 2018

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

Reading Mode

Raw Text PDF XML

Introduced in SenateIssued August 1, 2018

II

115th CONGRESS

2d Session

S. 3319

IN THE SENATE OF THE UNITED STATES

August 1, 2018

Mr. Durbin (for himself and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To impose additional restrictions on tobacco flavors for use in e-cigarettes.

1.

Short title

This Act may be cited as the Stopping Appealing Flavors in E-Cigarettes for Kids Act or the SAFE Kids Act.

2.

Additional restrictions on use of tobacco flavors

(a)

Tobacco product standards

Section 907(a)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387g) is amended—

(1)

by redesignating subparagraph (B) as subparagraph (C); and

(2)

by inserting after subparagraph (A) the following:

(B)

Special rule for tobacco products other than cigarettes

(i)

In general

Except as provided in clause (ii), a tobacco product that is not a cigarette, or any component, part, or accessory of such a product, shall not contain, as a constituent (including a smoke or aerosol constituent) or additive, an artificial or natural flavor (other than tobacco) or an herb or spice (including menthol, strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, and coffee) that is a characterizing flavor of the tobacco product, tobacco smoke, or aerosol emitted from the product. Nothing in this subparagraph shall be construed to limit the Secretary’s authority to take action under this section or other provisions of this Act applicable to any artificial or natural flavor, herb, or spice not specified in this subparagraph.

(ii)

Exceptions

An electronic nicotine delivery system component or part shall not contain or use an artificial or natural flavor (other than tobacco) that is a characterizing flavor of the product or its aerosol unless the Secretary issues an order finding that a manufacturer has demonstrated that use of the characterizing flavor—

(I)

will increase the likelihood of smoking cessation among current users of tobacco products;

(II)

will not increase the likelihood of youth initiation of nicotine or tobacco products; and

(III)

will not increase the likelihood of harm to the person using the characterizing flavor.

.

(b)

Definitions

Section 900 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387) is amended—

(1)

by redesignating paragraphs (8) through (22) as paragraphs (9) through (23); and

(2)

by inserting after paragraph (7) the following:

(8)

Electronic nicotine delivery system

The term electronic nicotine delivery system—

(A)

means any 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; and

(B)

does not include a product that—

(i)

is approved by the Food and Drug Administration for sale as a tobacco cessation product or for another therapeutic purpose; and

(ii)

is marketed and sold solely for a purpose described in (i).

.

(c)

Conforming amendment

Section 9(1) of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4408(1)) is amended by striking section 900(18) and inserting section 900(19).

(d)

Effective Date

The amendments made by this section shall take effect 1 year after the date of enactment of this Act.