H.R. 3942House116th Congress (2019-2021)Passed House

Preventing Online Sales of E-Cigarettes to Children Act

To apply requirements relating to delivery sales of cigarettes to delivery sales of electronic nicotine delivery systems, and for other purposes.

AI-Generated Summary

Updated April 14, 2026 at 7:32 AM UTC

The Preventing Online Sales of E‑Cigarettes to Children Act expands the federal definition of "cigarette" to cover electronic nicotine delivery systems (ENDS) such as e‑cigarettes, vape pens, e‑hookahs, and related components. By doing so, it applies the same delivery‑sale and tax rules that apply to traditional cigarettes to ENDS, and it makes mailing ENDS illegal under the same prohibition that bans mailing cigarettes. The bill also directs the U.S. Postal Service to issue regulations clarifying the mailing ban and sets short‑term effective dates for the changes.

Key Provisions

Amends the 1949 Jenkins Act to add "electronic nicotine delivery system" to the definition of cigarette for tax and delivery‑sale purposes.
Provides a detailed definition of ENDS, listing devices like e‑cigarettes, e‑hookahs, vape pens, advanced refillable vaporizers, electronic pipes, and related parts or liquids.
Specifies that ENDS are not exempt unless they are FDA‑approved tobacco‑cessation or therapeutic products sold only for those purposes.
Requires the U.S. Postal Service, within 120 days of enactment, to issue rules extending the existing ban on mailing cigarettes to also cover ENDS.
Sets the amendments to take effect 90 days after enactment, and the mailing prohibition to begin once the Postal Service regulations are issued.

Legislative Activity

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14 earlier actions

SenateIntro Referral Latest Action

Received in the Senate.

October 29, 2019

View full timeline

HouseIntro Referral

Introduced in House

July 24, 2019

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

July 24, 2019

HouseCommittee

Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Crime and Federal Government Surveillance Subcommittee

August 15, 2019

HouseCommittee

Subcommittee on Crime, Terrorism, and Homeland Security Discharged.

Judiciary Committee

October 15, 2019

HouseCommittee

Committee Consideration and Mark-up Session Held.

Judiciary Committee

October 16, 2019

HouseCommittee

Ordered to be Reported by Voice Vote.

Judiciary Committee

October 16, 2019

HouseCommittee

Reported by the Committee on Judiciary. H. Rept. 116-260.

Judiciary Committee

October 28, 2019

HouseCalendars

Placed on the Union Calendar, Calendar No. 208.

October 28, 2019

HouseFloor

Ms. Bass moved to suspend the rules and pass the bill, as amended.

October 28, 2019 • 4:30 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H8491-8493)

October 28, 2019 • 4:30 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 3942.

October 28, 2019 • 4:30 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H8491)

October 28, 2019 • 4:40 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H8491)

October 28, 2019 • 4:40 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

October 28, 2019 • 4:40 PM

SenateIntro Referral

Received in the Senate.

October 29, 2019

Bill Text

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Received in SenateIssued October 29, 2019

116th CONGRESS

1st Session

H. R. 3942

IN THE SENATE OF THE UNITED STATES

October 29, 2019

Received

AN ACT

To apply requirements relating to delivery sales of cigarettes to delivery sales of electronic nicotine delivery systems, and for other purposes.

Short title

This Act may be cited as the Preventing Online Sales of E-Cigarettes to Children Act.

Amendments to the Jenkins Act

(a)

In general

The Act entitled An Act to assist States in collecting sales and use taxes on cigarettes, approved October 19, 1949 (commonly known as the Jenkins Act) (15 U.S.C. 375 et seq.), is amended—

(1)

in section 1 (15 U.S.C. 375)—

(A)

in paragraph (2)(A)(ii)—

(i)

by striking includes roll-your-own tobacco and inserting the following: “includes—

(I)

roll-your-own tobacco

;

(ii)

in subclause (I), as so designated, by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following:

(II)

an electronic nicotine delivery system.

;

(B)

by redesignating paragraphs (7) through (14) as paragraphs (8) through (15), respectively; and

(C)

by inserting after paragraph (6) the following:

(7)

Electronic nicotine delivery system

The term electronic nicotine delivery system—

(A)

means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device;

(B)

includes—

(i)

an e-cigarette;

(ii)

an e-hookah;

(iii)

an e-cigar;

(iv)

a vape pen;

(v)

an advanced refillable personal vaporizer;

(vi)

an electronic pipe; and

(vii)

any component, liquid, part, or accessory of a device described in subparagraph (A), without regard to whether the component, liquid, part, or accessory is sold separately from the device; and

(C)

does not include a product that is—

(i)

approved by the Food and Drug Administration for—

(I)

sale as a tobacco cessation product; or

(II)

any other therapeutic purpose; and

(ii)

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

; and

(2)

in section 2A(b)(1) (15 U.S.C. 376a(b)(1)), by inserting NICOTINE/ after
CIGARETTES/.

(b)

Effective date

This section, and the amendments made by this section, shall take effect on the date that is 90 days after the date of enactment of this Act.

Nonmailability of electronic nicotine delivery systems

(a)

Regulations

Not later than 120 days after the date of enactment of this Act, the United States Postal Service shall promulgate regulations to clarify the applicability of the prohibition on mailing of cigarettes under section 1716E of title 18, United States Code, to electronic nicotine delivery systems, in accordance with the amendment to the definition of cigarette made by section 2.

(b)

Effective date

The prohibition on mailing of cigarettes under section 1716E of title 18, United States Code, shall apply to electronic nicotine delivery systems on and after the date on which the United States Postal Service promulgates regulations under subsection (a) of this section.

Determination of Budgetary Effects

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives October 28, 2019.

Cheryl L. Johnson,

Clerk