Tobacco Documents Online

1I 97TH CONGRESS 1sT SEsSiON S. 1929 To amend the Public Health 8~,-x-ice 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 TIIE SENATE OF THE UNITE]~ STATES DEC~.~IBEI~ 9 (le~slative day, NOVZ.ailsn:a 30), 1981. ~Ir. I-L~TCa (for hlmse]f and ,3ir. P.~c~'-wooD) introduced the following bill; which was read t~-ice 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 Cigarette Labeling availability to the health consequences of smoking and thereby improve formed choice, and for other purposes. 1 Be it enacted by the Senate and House of Represe~ta- 2 tires of ~he United St£tes of America in Conffress assernbled~ 3 That this Act may be cited as the "Comprehensive Smoking 4 Prevention Education Act of 1981" Health Service Act and the Federal and Advertising Act to increase the American public of information on the in- 2806 Ti05390202

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FINDINGS Sloe. 2. The Congress finds that- (l) cigarette smoking is the largest preventable cause of illness and premature death in the United States, and is associated x~,Sth the unnecessary deaths of over three hundred thousand Americans annually; (2) smoking is the primary cause of lung cancer and emphysema in the United States, and is associated ~vith other cancers; (3) heart disease accounts for nearly one-hag of the deaths in the United States, and one-third of the deaths agtributable to heart disease are associated with smoking; (4) the risks of miscarriage, stillbirths, premature births, and child weight deficiencies for pregnant women who smoke are higher than for pregnant women who do not smoke; (5) certain occupational hazards, in conjunction with smoking, increase substantially the risk of disease and death; and (6) pr.esent Federal, State, and private initiatives hare been insufficient in eonvey{ng to the American. public the information contained in clauses (1) through (5) of this section and other information regarding smoking-. T105390203

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 Mll allow had_Mduals to make informed decisions 5 concerning smoking. 6 S/~IOKING RESEARCH, EDUCATION, AND INFOIgNATION 7 SEc. 4:. (a) Title XA.'qI of the Public Health SerMce Act 8 is amended by adding at the end" thereof the following new 9 section: 11 "SEe. 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 smokhag and its effects on health, in- 17 . eluding research and demonstration projects and educa- 18 tional activities; 19. "(2) through the Interageney Committee on 20 Smoking and Health established under subsection (b), 21 coordinate the activities referred to in clause (1) of this 22 subsection v4th all other activities of the Federal Gov- 23 ernment which relate to smoking and its effects on 24 health; S. 19"29--~s TI05390204

4 1 "(3) through, the Interagency Committee on 2 Smoking and Health established under subsection Co), 3 coordinate the activities of the Federal Government re- 4 ferred to in clauses (1) and (2) of this subsection with 5 similar a.cti~ties in the private sector; 6 "(4) conduct research and develop new methods 7 for irfformh~g the public of the effects of smok_ing on 8 health, either independently or in conjunction x~th the 9 private sector, for use hi a national effort; 10 "(5) collect, analyze, and disseminate information, 11 studies, and other data related to smoking and its 12 fects on health; 13 '"(6) make available, through specLfic publications 14 and bibliographic and reference materials, information 15 on research efforts relating to smoking and its effects 16 on health; and 17 "(7) m~dertake any other additional informational 18 and research aet.i'~ities which the Secret~ry determines 19 neeessa~, and appropriate. ".2)0 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, a.s well as with the private 23 sector. 24 "(b)(1) To carry out the acti~dties described in clauses 25 (2) and (3) of subsection (a), there is established an 51ter- T105390205

5 1 agency Committee on Smoking and Health. The Committee 2 shall be composed of- 3 "(X) representatives from appropriate institutes 4 and agencies of the Department, which may include 5 the National Heart, Lung, and Blood Institute, the Na- 6 tion~l Cancer Institute, the National Institute on Child 7 Health and Development, the Health Serx-ices 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, a~nd 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) a.n over~4ew and assessment of Federal activ- 21 ities umdertaken to inform the'publle of the effects of 22 smoking on health; 23 "(3) i~fformation regarding the activities of the 24 pri.vate sector Mth respect to the effects of smoking on 25 health; and T105390206

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23 6 "(4) such recommendations for le#s]~ation as the Secretary may consfder appropriate.". (b) Section 8 of the Federal Cigarette Labeling and Ad- vertising Act (15 U.S.C. 1337) is amended by str"~mg out subsection (a) and by striking out "(b)" before "The Federal Trade Commission". Cl GAI~.ETTE LA~B/i~LING S]~c. 5. Section 4 of the Federal Cigarette Labeling and Advertisfl]g Act (15 U.S.C. 1333) is amended to read as fol- lows: L_kBELIN G "S~c. 4. (a)(1) ~t shall be unlaw~l for any person to manufacture, ~port, or package for sale or ~stNbution " x~dt~n the U~ted States, or advertise any cigarettes, the package or ad~ertisement for which fails to bear one of the follo~x~ng statements: "(A) 'Cigarette SmoMng is Dangerous to Your Health. For ~ormation on the Specific Health Conse- qudnces of Smo~ng, Write: Surgeon General, U.S. Public ~ealth Set,rice, Washh~gton, D.C., 20201.', "~) W.~~G: The Surgeon ~eneral has De- termined tha~ Cigarette Smoking Causes Emphysema, Lung Cancer, and Other Cancers.'. S. 1929--i~ T105390207

7 1 "(C) 'WARN-LN'G: The Surgeon General has De- 2 termined that Cigarette Smoking Causes Heart Dis- 3 ease.'. 4 "(D) 'WA_~NL-XIG: The Surgeon General has De- 5 termined that Cigarette Smoking by Pregnant Women 6 May Result in ~fiscarriage, Premature Births, or Child 7 Weight Deficiencies.'. 8 "(E) 'SMOKERS: No ~'Iat.ter flow Long You 9 Have Smoked, Quitting Now Greatly Reduces The 10 Risks To Your Health.'. 11 "(2) The labelh~g statements specified in parag~:aph (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 ~-ithin the fifteen- 17 mo~th period beginning on the effective date of this subsee- 18 tion and each succeeding fifteen-month period. 19 "(3) :~y 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 ~hall 22 appear in conspicuous and le~ble type in contrast by typog- 23 raphy, layout, or color with all other printed material on the 24 package or advertisement. T105390208

8 1 "(4) In accordanee.xvith the provisions of se~don 553 of 2 title 5, United States Code, the Federal Trade Commission 3 shall establish by rule a system to ensure that labeliiag state- 4: ments required under this subsection are rotated in accord- 5 ante with the prox,~sions 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 ciga.rette packages 8 and advertising. 9 "Co)(1) It shall be unlawful for an)- person to manufac- 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 "(Ai tar; 14 "(B) nicotine; and 15 "(C) carbon monoxide, 16 contained in such cigarettes. 1.7 "(2) Such tar, nicotine, and carbon monoxide levels 18 shall be based on the results of the most recent tests of ciga- 19 rettes by the Federal Trade Commission. The Federal Trade 20 Commission shall perform such tests at least, on an annual 21 l~asis. 22 "(c)(1) It shall be unlawful for any person to manufac- 23 ture, import, or package for sale or distribution within the 24 United States any cigarettes unless such person has provided 25 to the Federal Trade Commission and the Department of S. 1929~s T105390209

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ,20 21 22~ 23 24 25 9 Health and Human Services a complete list of eac]~ chemical additive used in the manufacture of such cigarettes and the quantity of such additive. "(2) The :Federal Trade Commission and the Depart- ment of Health and Human Services and any officer or em- ployee thereof shall not disclose to any person outside the Commission or the Department any in_formation received pur- suant to paragraph (1). "(3) For purposes of section 552(b)(4) of title 5, United States Code, and section 1905 of title 18, United States Code, any information received by the Federal Trade Com- mission and the :Department of Health and Human Services pursuant to pa.ragrap.h (1) shall be considered to be a trade secret.". PREEBIPTION SEC, 6. Section 5(a) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1334(a)) is amended-- (1) by str~king out "statement" each place it ap- pears and inserth~g in lieu thereof _tatements ; and (2) by inserting before the period the follov~ng: "2r in any cigarette advertising". EFFE OTIVE DATE S~c. 7. (a) Except as provided in subsection (b), the provisions of this Act shall take effect on the date of enact- ment. S. 1929--is T105390210

10 1 Co) The amenchnents 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 hy sections 5 and 6 on 7 their effective date. S. 1929--~s T105390211