Tobacco Documents Online

C 2nd Preliminary Draft October 6, 1971 92d Congress lst Session. S'.~ IN THE SENATE OF THE UNITED STATES. October _, 1971 Mr, introdtcedi the f allowing bill, which was read twice and referred to~ the Committee of' Commerce A BILL To provide for the inclusion in printed media advertising of'a clear and conspicuous statement of a cigarette health warning, and for other purposes.. Be it enacted by the Senate and House of Representa- tives of the Unitedi States of' America in C'ongress assembled. Sectionil. This Act may be cited as~the Cigarette Advertising Health Warning Statement Act of 1971. 5 Section 2. It shall be unlawful for any person to 6 advertise within the United'States any variety of cigarettes 7 in any printed media without including a clear and conspicu- 8' ous statement of the health warning required in section 3' of 9 this Act.

C -2'- 1 Secta!on 3. The health warning to be included in 2' accordance with section 2 of' this Act shall read: "Warning: 3 The Surgeon General Has Determined That Cigarette Smoking 4 Is Dangerous to Your Health." 5 Section 4. (a) Other than the requirements of' 6 sections 2' and 3 of this Act, no requirements for a statement 7 bs;sed on smoking and health shall be imposed in any cigarette 8 advertising or other promotional material. 9 (b) No requirement or prohibition based.on smoking, 10 and health shall be imposed' under State law with respect to 11 the advertiising or promotion of'cigarettes which are adver- 12 tised in conformity with the provisions of'this Act. 13 Section 5. Any person who willfully violateathe 14 provisiions of thi:s Act shall be guilty of' a misdemeanor and 15 shall on conviction thereof' be sub ject to a fine of not more 16 than $10,000. 17' Section 6. For the purposes of'this;Act-- 18I (1) The term "cigarette" means (A)' any roll of 19 tobacco wrapped in paper or in any substance not containing 20 tobacco, and (B) any ro11l of tobacco wrapped in any substance,! .; 21 containing tobacco which, because of its appearance, the type 22: of tobacco used in the filler,, or its packaging and labeling, 23' is likely to be offered to, or purchased by, consumers as a 24 cigarette described in (A). p ~. C5 W M~

1 (2) The term "'pr2nted media''' shall include news- 2 papers,, magazines, and other periodicals published andi dis- 3, tributed primarily in the United States, including newspapers, 4 magazines, and other periodicals distributed primarily to 51 members or units of the Armed Forc.es of the United'S'tates 6 located abroad., and advertisements appearing,on billboards: 'T in the United States, but shall not include tobacco trade 81 publications.- g (3)', The term "clear and conspicuous statement" 1G shall mean that: 11 (A) The warning statement shall be set in two hori- 12 zontal lines.parallel with the base of the!advertisement, 13 separated by leading,equ2valent to!the lower case "x-height''", 14 excluding, the ascending and descending letters, of the:par- 151 ticular type size. In any case where the width of an adver- 16: tisement in any printedi mediium is too narrow because of' the 17 ' columnar format, the:warning statement may appear in three! 1$ lines provided there is full compliance with all other re- 19' quirements in this definition. 20, (B) The warning statement shall appear in Univers 21 47 (Fdy), type style. The type size tolbe!employed shall be 22 the following: 23 8-point type ..... in newspaper, magazine and. 24 other periodical advertisements of a trim size not larger 25' than 65 square inches.

1 10-point type ., . . . . in newspaper., magazine and. 2 other periodical advertisements larger than 65 square inches 3 of a trim size but not larger than 110'square inches. ~ 12-point type ..... in newspaper, magazine and 5 other periodical advertisements of' a trim size larger than 6 110 square inches but not larger than 180~square inches. 7 14-point type ..... in newspaper, magaz ine and 8 other periodical advertisements of'a trim size larger than 9 180 square inches. 10 Billboards.* . . . . . [to be filled] 11 (C) The warning statement shall be set ina ruled 12' rectangle. The size of'the rectangle shall be determined by 13' providing at both ends and at both top andibottom a space: 14 between the type block and the enclosing,rule not less than 15 the following spaces : 8-pointtype 6-points away from the 16 type block; 10"point type 8-points away fr=the type block; 17 12-point type 10-points away from the type block; 14-point 18 type 12-points away from the type block. The width of' the 19' rule enclosing,the rectangle shall be 1/4-point where 8-point 20' or 10-point type size is used in the warning statement, and 21 1/2-point where 12-point or 14-point is used in the warning. 22' statement. *Thus far we have heard from only one Committee member who has offered the suggestion that a type size of'three inches be prescribed for billboards with adequate rectangle provi- sion to be added' to paragraph (C), infra.

r 1 (D) The warning,statement in its rectangle and the. 2 rule enclosing the rectangle shall appear in the same color 3 and both the warning statement and the rule shall contrast. 4 with the background so as to be fully legible. 5 (,E) The rectangle containing the warning statement 6 may be positioned anywhere in the trim size portion of the 7 advertisement, but not in any manner that will render the 8' warning statement unclear or illegible because of position,, 9 color, or lack of contrast. No other text or graphic matter 10 shall appear inithe rectangle containing,the warning statement.. 11 (4) The term "Unitedi States," when used in a geo- 12 graphical sense~, shall include the several States, the Dis- 13 trict of' Columbia, the Commonwealth of Puerto Rico, Gtzam,,- 14 the Virgin Islands', 'Imerican Samoa, TrVTake Island, Midway Is- 15' lands, Kingman Reef,, and Johnston Island. The term "Staten' 16 shall include every county, municipality, or other subdivi- 17 sion of a State!. 18 . Section 7. If' any provision ofthis Act or the 19 application thereof to.any person or circumstances is held 20 invalid,, the other provisions of this Act and the!a.pplication 2'1 of' suchprovision to otherr persons or circumstances shall 22 not be affected thereby. 23' . S'ection 8. This Act shall become effective one 24 hundred and eighty (180 )~ days after the date of enactment.