Her legislation would have made e-cigarettes "substantially equivalent" to regular tobacco products, as the FDA had requested. It also let the FDA review e-cigs that have been in the market since February 15, 2007. However, Republicans said that FDA pre-market reviews going back that far would drive companies out of the business and possibly harm consumers using vaping as an aid to quit smoking. Rep. Robert Aderholt added that the revised bill would still let the FDA control electronic cigarettes, and wouldn't affect a different proposal to ban sales to minors.

Democrats, on the other hand, think that the bill would reduce regulation on e-cigarettes at a time when usage is skyrocketing. Rep. Lowey put it in stronger terms, saying the modified legislation "is nothing short of a giveaway to the tobacco industry." The rider passed a U.S. House Appropriations committee vote, and is now headed for the House floor.