Tobacco Documents Online

3 )illions ilation Iedical iow to iaving in the it the I that ~ need )rmed i, but . Ted d not e nec- Corn- wood, e. He luced i the vould )ffice )ordi- :imu- aug- mes- '.iga- form with dis- -er 1 ause .To- I re- our . as II 97TH CONGRESS 1ST SESSION So1929 To amend the Public Health Service Act and the Federal Cigarette Labeling and Advertising Act to increase the availability to the American public of infor- mation on the health consequences of smoking and thereby improve informed choice, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 9(Ieglslative day, DIOVEMBEB 30), 1981 Mr. HATCH (for himself and Mr. PACKwooD) introduced the following bill; which was read twice and referred jointly by unanimous consent to the Committees on Commerce, Science, and Transportation and Labor and Human Resources A BILL To amend the Public Health Service Act and the Federal Cigarette Labeling and Advertising Act to increase the availability to the American public of information on the health consequences of smoking and thereby improve in- formed choice, and for other purposes. 1 Be it enacted by the Senate and House o f Representa- 2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Comprehensive Smoking 4 Prevention Education Act of 1981".

4 2 1 FINDINGS 2 SEC. 2. The Congress finds that- 3 (1) cigarette smoking is the largest preventable 4 cause of illness and premature death in the United 5 States, and is associated with the unnecessary deaths 6 of over three hundred thousand Americans annually; 7 (2) smoking is the primary cause of lung cancer 8 and emphysema in the United States, and is associated 9 with other cancers; 10 (3) heart disease accounts for nearly one-half of 11 the deaths in the United States, and one-third of the 12 deaths attributable to heart disease are associated with 13 smoking; 14 (4) the risks of miscarriage, stillbirths, premature 15 births, and child weight deficiencies for pregnant 16 women who smoke are higher than for pregnant 17 women who do not smoke; 18 (5) certain occupational hazards, in conjunction 19 with smoking, increase substantially the risk of disease 20 and death; and 21 (6) present Federal, State, and private initiatives 22 have been insufficient in conveying to the American 23 public the information contained in clauses (1) through 24 (5) of this section and other information regarding 25 smoking. S. 1929-is 5 3 1 PURPOSE 2 SEC. 3. It is the purpose of ti 3 strategy to educate and provide infc 4 public that will allow individuals to 5 concerning smoking. 6 SMOKING RESEARCH, EDUCATIO 7 SEC. 4. (a) Title XVII of the I 8 is amended by adding at the end t' 9 section: 10 "SMOKING AND H 11 "SEC. 1711. (a) The Secretar3 12 out a program to inform the public 13 from cigarette smoking. In carryin 14 Secretary shall- 15 "(1) coordinate all actiN 16 which relate to smoking and 17 cluding research and demonsti 18 tional activities; 19. "(2) through the Intc 20 Smoking and Health establis: 21 coordinate the activities referr 22 subsection with all other actiN 23 ernment which relate to sm 24 health; O W ~ O ~ C11 S. 1929-ie W N

5 3 1 PURPOSE 2 SEC. 3. It is the purpose of this Act to provide a new 3 strategy to educate and provide information to the American 4 public that will allow individuals to make informed decisions 5 concerning smoking. 6 SMOKING RESEARCH, EDUCATION, AND INFORMATION 7 SEC. 4. (a) Title XVII of the Public Health Service Act 8 is amended by adding at the end thereof the following new 9 section: 10 "SMOKINO AND HEALTH 11 "SEC. 1711. (a) The Secretary shall establish and carry 12 out a program to inform the public of the dangers to health 13 from cigarette smoking. In carrying out such program, the 14 Secretary shall- 15 "(1) coordinate all activities of the Department 16 which relate to smoking and its effects on health, in- 17 cluding research and demonstration projects and educa- 18 tional activities; 19, "(2) through the Interagency Committee on 20 Smoking and Health established under subsection (b), 21 coordinate the activities referred to in clause (1) of this 22 subsection with all other activities of the Federal Gov- 23 ernment which relate to smoking and its effects on 24 health; S. 1sx9-ie

6 4 1 "(3) through the Interagency Committee on 2 Smoking and Health established under subsection (b), 3 coordinate the activities of the Federal Government re- 4 ferred to in clauses (1) and (2) of this subsection with 5 similar activities in the private sector; 6 "(4) conduct research and develop new methods 7, for informing the public of the effects of smoking on 8 health, either independently or in conjunction with the 9 private sector, for use in a national effort; 10 "(5) collect, analyze, and disseminate information, 11 studies, and other data related to smoking and its ef- 12 fects on health; 13 "(6) make available, through specific publications 14 and bibliographic and reference materials, information 15 on research efforts relating to smoking and its effects 16 on health; and 17 "(7) undertake any other additional informational 18 and research activities which the Secretary determines 19 necessary and appropriate. 20 In carrying out the requirements of this subsection, the Sec- 21 retary shall seek to develop methods of communication with 22 Federal, State, and local entities, as well as with the private 23 sector. 24 "(b)(1) To carry out the activities described in clauses 25 (2) and (3) of subsection (a), there is established an Inter- 7 5 1 agency Committee on Smoking and Heq 2 shall be composed of- 3 "(A) representatives from ai 4 and agencies of the Department, 5 the National Heart, Lung, and Bloc 6 tional Cancer Institute, the Nationt 7 Health and Development, the Heal 8 istration, the Health Resources Adn 9 Center for Disease Control; and 10 "(B) at least one representatiN 11 Trade Commission, the Departmen 12 Department of Labor, and any otl 13 designated by the Secretary. 14 "(2) The Committee shall meet at lf 15 year. 16 "(c) The Secretary shall transmit a 17 not later than January 1 of each year wl 18 "(1) current information on thc 19 on health; - 20 "(2) an overview and assessme 21 ities undertaken to inform the publ 22 smoking on health; 23 "(3) information regarding th 24 private sector with respect to the ef 25 health; and S. 1929-1a r7 S S. 1929-ie

7 :zods ; on the ion, ef- ons ion cts ial ies 'c- th te 5 1 agency Committee on Smoking and Health. The Committee 2 shall be composed of- 3 "(A) representatives from appropriate institutes 4 and agencies of the Department, which may include 5 the National Heart, Lung, and Blood Institute, the Na- 6 tional Cancer Institute, the National Institute on Child 7 Health and Development, the Health Services Admin- 8 istration, the Health Resources Administration, and the 9 Center for Disease Control; and 10 "(B) at least one representative from the Federal 11 Trade Commission, the Department of Education, the 12 Department of Labor, and any other Federal agency 13 designated by the Secretary. 14 "(2) The Committee shall meet at least four times each 15 year. 16 "(c) The Secretary shall transmit a report to Congress 17 not later than January 1 of each year which shall contain- 18 "(1) current information on the effects of smoking 19 on health; 20 "(2) an overview and assessment of Federal activ- 21 ities undertaken to inform the public of the effects of 22 smoking on health; 23 "(3) information regarding the activities of the 24 private sector with respect to the effects of smoking on 25 health; and O W ~ ~ S. 1929-ia ~ ~

8 6 1 "(4) such recommendations for legislation as the 9 1 7 "(C) 'WARNING: The Sur 2 Secretary may consider appropriate.". 3 (b) Section 8 of the Federal Cigarette Labeling and Ad- 4 vertising Act (15 U.S.C. 1337) is amended by striking out 5 subsection (a) and by striking out "(b)" before "The Federal 6 Trade Commission". 7 CIGARETTE LABELING 8 SEC. 5. Section 4 of the Federal Cigarette Labeling and 9 Advertising Act (15 U.S.C. 1333) is amended to read as fol- 10 lows: 11 "LABELING 12 "SEC. 4. (a)(1) It shall be unlawful for any person to 13 manufacture, import, or package for sale or distribution 14 within the United States, or advertise any cigarettes, the 15 package or advertisement for which fails to 16 following statements: bear one of the 17 "(A) 'Cigarette Smoking is Dangerous to Your 18 Health. For Information on the Specific Health Conse- 19 quences of Smoking, Write: Surgeon General, U.S. 20 Public Health Service, Washington, D.C., 20201.'. 21 "(B) 'WARNING: The Surgeon General has De- 22 termined that Cigarette Smoking Causes Emphysema, 23 Lung Cancer, and Other Cancers.'. 2 termined that Cigarette Smokir 3 ease.'. 4 "(D) 'WARNING: The Sur 5 termined that Cigarette Smoking 6 May Result in Miscarriage, Prem 7 8 9 10 11 Weight Deficiencies.'. °`(E) 'SMOgERS: No Ma Have Smoked, Quitting Now ( Risks To Your Health.'. "(2) The labeling statements spec 12 of this subsection shall be rotated on 13 brand of cigarettes and the advertisemt 14 cigarettes in a manner that assures that 15 statements appears an equal number oi 16 of cigarettes and all such advertisemei 17 month period beginning on the effectiv 1S tion and each succeeding fifteen-month ~ 19 "(3) Any labeling statement requir 20 tion shall be located in a conspicuous ph 21 package and in each advertisement for 22 appear in conspicuous and legible type 23 raphy, layout, or color with all other pr 24 package or advertisement. O w ~ 0 ~ ~ w ~

9 7 1 "(C) 'WARNING: The Surgeon General has De- 2 termined that Cigarette Smoking Causes Heart Dis- 3 ease.'. 4 "(D) 'WARNING: The Surgeon General has De- 5 termined that Cigarette Smoking by Pregnant Women 6 May Result in Miscarriage, Premature Births, or Child 7 Weight Deficiencies.'. 8 "(E) 'SMOKERS: No Matter How Long You 9 Have Smoked, Quitting Now Greatly Reduces The 10 Risks To Your Health.'. 11 "(2) The labeling statements specified in paragraph (1) 12 of this subsection shall be rotated on the packages of each 13 brand of cigarettes and the advertisements for each brand of 14 cigarettes in a manner that assures that each of such labeling 15 statements appears an equal number of times on each brand 16 of cigarettes and all such advertisements within the fifteen- 17 month period beginning on the effective date of this subsec- 18 tion and each succeeding fifteen-month period. 19 "(3) Any labeling statement required under this subsec- 20 tion shall be located in a conspicuous place on every cigarette 21 package and in each advertisement for cigarettes, and shall 22 appear in conspicuous and legible type in contrast by typog- 23 raphy, layout, or color with all other printed material on the 24 package or advertisement.

10 11 8 9 1 "(4) In accordance with the provisions of section 553 of 2 title 5, United States Code, the Federal Trade Commission 3 shall establish by rule a system to ensure that labeling state- 4 ments required under this subsection are rotated in accord- 5 ance with the provisions of paragraph (2) of this subsection, 6 and that at any time each of the five labeling statements 7 appears on at least 15 per centum of all cigarette packages 8 and advertising. 1 Health and Human Services a complete 2 additive used in the manufacture of suc 3 quantity of such additive. 4 "(2) The Federal Trade Commissi 5 ment of Health and Human Services an 6 ployee thereof shall not disclose to any 7 Commission or the Department any infori 8 suant to paragraph (1). 9 "(b)(1) It shall be unlawful for any person to manufac- 9 "(3) For purposes of section 552(b)i 10 ture, import, or package for sale or distribution within the 11 United States any cigarettes, the package of which fails to 12 disclose the level of- 13 "(A) tar; 14 "(B) nicotine; and 10 States Code, and section 1905 of title 11 Code, any information received by the I 12 mission and the Department of Health a 13 pursuant to paragraph (1) shall be consi 14 secret.". 15 "(C) carbon monoxide, 16 contained in such cigarettes. 15 16 PREEMPTION SEC. 6. Section 5(a) of the Federal 17 "(2) Such tar, nicotine, and carbon monoxide levels 17 and Advertising Act (15 U.S.C. 1334(a)) 18 shall be based on the results of the most recent tests of ciga- 18 (1) by striking out "statement' 19 rettes by the Federal Trade Commission. The Federal Trade 19 pears and inserting in lieu thereof 20 Commission shall perform such tests at least on an annual 20 (2) by inserting before the pe ~ ' 21 basis. 21 . "or in any cigarette advertising 22 ."(e)(1) It shall be unlawful for any person to manufac- 22 EFFECTIVE DATE 23 ture, import, or packagee for sale or distribution within the 23 SEO. 7. (a) Except as provided in 24 United States any cigarettes unless such person has provided 25 to the Federal Trade Commission and the Department of 24 provisions of this Act shall take effect or 25 ment. ~ W ~.r:~ S. 1929-is wr 95-077 0-62--2

11 3 of sion ate- )rd- ion, -nts ges ac- ,he to Is 1- il i 9 1 Health and Human Services a complete list of each chemical 2 additive used in the manufacture of such cigarettes and the 3 quantity of such additive. 4 "(2) The Federal Trade Commission and the Depart- 5 ment of Health and Human Services and any officer or em- 6 ployee thereof shall not disclose to any person outside the 7 Commission or the Department any information received pur- 8 suant to paragraph (1). 9 "(3) For purposes of section 552(b)(4) of title 5, United 10 States Code, and section 1905 of title 18, United States 11 Code, any information received by the Federal Trade Com- 12 mission and the Department of Health and Human Services 13 pursuant to paragraph (1) shall be considered to be a trade 14 secret.". 15 PREEMPTION 16 SEC. 6. Section 5(a) of the Federal Cigarette Labeling 17 and Advertising Act (15 U.S.C. 1334(a)) is amended- 18 (1) by striking out "statement" each place it ap- 19 pears and inserting in lieu thereof "statements"; and 20 (2) by inserting before the period the following: 21 `br in any cigarette advertising". 22 EFFECTIVE DATE 23 SEC. 7. (a) Except as provided in subsection (b), the 24 provisions of this Act shall take effect on the.date of enact- 25 ment. S. 1929-ie 95-077 0-82-2

13 10 1 (b) The amendments made by sections 5 and 6 of this 2 Act shall take effect upon the expiration of the one-year 3 period beginning on the date of the enactment of this Act. 4 During such.one-year period, the Federal Trade Commission 5 shall promulgate such regulations as may be necessary to 6 implement the amendments made by sections 5 and 6 on 7 their effective date. 0 The CHAIRMAN. Today we are going to hear tes resentatives of the administration, from a panel c entists, and from a distinguished spokesman repr three" volunteer agencies, the American Can American Heart Association, and the American I I would like to take this opportunity to recogn Heart Association for their assistance in draftinj sive Smoking Prevention Education Act. We will also hear testimony from a representati Institute as well. The testimony presented today i: the health-related aspects of this bill. Senator Pac uled Commerce Committee hearings for May 10, tising and trade issues, and I might add, we arE have Senator Packwood join our committee today. Senator Packwood and myself, as I have mentic sponsored this legislation, and I certainly apprec terest in these hearings and welcome his participa Senator Packwood. STATEMENT OF HON. BOB PACKWOOD, A U.S. S THE STATE OF OREGON Senator PACxwooD. Mr. Chairman, thank you invitation to me and to all of the members of thc mittee to participate in this hearing on the bill are aware, the major purpose of this legislation sumers with more information about the advers, ing. As a member of the Commerce Committee, and man of that committee, I have long been concernE of unfair or deceptive product labeling in adve: particularly concerned about what I believe is i ness about the specific health hazards of smoking tising campaigns that target segments of the p( young adults. We all know that women who are pregnant ar birth control pills may be uniquely affected by : young adults may be unduly affected by advertisu The legislation, Mr. Chairman, that you and I has been condemned as an example of burdensc regulation and an abridgment of the first amenc Constitution. This could not be further from the on these subjects is clear. I have been a propone. in the communication industry, the transportat where there was a demonstrated need for a fre have supported that deregulation. I have also bc porter of civil liberties. But, in the marketplace of information, the An desperately in need of more information about th smoking in order to make a truly free and inform I look forward to hearing from the witnesses . morning and learning more about thJe health issues. Thank you. W ~ O ~ G1 44 0