2020: Schweikert Voted Against Banning Flavored Tobacco Products And Imposing Sales Restrictions On E-Cigarettes. In February 2020, Schweikert voted against 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]