2020: Fitzpatrick Voted For Banning Flavored Tobacco Products And
Imposing Sales Restrictions On E-Cigarettes. In February 2020,
Fitzpatrick voted for a bill that would, according to Congressional
Quarterly, "give the Food and Drug Administration statutory authority
over all tobacco products, including electronic nicotine delivery
systems, or vaping products. It would prohibit flavored vaping products
beginning 30 days after enactment and prohibit all flavored tobacco
products beginning one year after enactment. The bill would require the
FDA to issue a number of regulations on the sale and distribution of
tobacco, including to apply existing rules for health warnings on
cigarettes to all tobacco products and to prohibit remote retail sales
of tobacco products, including online and through vending machines. It
would double civil penalties for violations of such FDA regulations. It
would prohibit the advertisement of vaping products in a manner that
appeals to individuals under the age of 21 or without clearly disclosing
the communication as an advertisement, and it would allow the Federal
Trade Commission and state attorneys general to enforce such bans." The
vote was on passage. The House passed the bill by a vote of 213-195.
[House Vote 78, 2/28/20;
Congressional Quarterly,
2/28/20; Congressional Actions,
H.R.2339]
The Bill Faced Opposition From The Congressional Black Caucus, Who
Feared That The Bill Would Disproportionately Punish Black
Smokers. According to Congressional Quarterly, "A bill to restrict
tobacco flavors could have a closer vote margin Friday than House
leaders would like amid frustration from Congressional Black Caucus
members that the bill could lead to unintended consequences in black
communities [...] Some members say the bill's ban on menthol
products would unduly punish black smokers. Nine in ten black
smokers prefer menthol-flavored products, according to the Truth
Initiative, an anti-smoking advocacy group that supports a menthol
ban." [Congressional Quarterly,
2/27/20]
Republicans Argued That The Bill Represented Government
Overreach. According to the Washington Post, "Republican opponents
cast the bill as government overreach and question why the
legislation did not address marijuana use [...] Rep. Ron Estes
(R-Kan.) pointed out that Congress has already raised the age to buy
tobacco products to 21 and criticized the measure for 'eliminating
the choice for law-abiding adults.'" [Washington Post,
2/28/20]
The White House Threatened To Veto The Bill, Questioning The
Constitutionality Of Banning Certain Advertisements. According to
the Wall Street Journal, "The White House issued a veto threat on
Thursday, citing concerns about the necessity of the menthol ban and
the constitutionality of language in the bill that also bars
advertising appealing to underage users." [Wall Street Journal,
2/28/20]