Tobacco Documents Online

From the desk of M. J. JUDGE HK SC JM FP BH PK BT CMcN DS: Attached is a copy of the new Waxman bill - "COMPREHENSIVE SMOKING PREVENTION EDUCATION ACT OF 1981". "" TI05390361

97TIt (~0NG'RESS H. R, 49 7 To amend the Public Health Service Act and the Federal Cigarette Labeling and Advertising Act to establish a national program under an Office of Smoking and Health to inform the public of the dangers from smoking, to change the label requirements for cigarettes, and for other purposes. L-N TI£E HOUSE OF REPRESENTATIVES NOVEI~IBEI~ 12, 1981 ]~Ir. W.~_xM.~ introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act and the Federal Cigarette Labeling and Advertising Act to establish a na- tional program under an Office of Smoking and Health to inform the public of the dangers from smoking, to change the label requirements for cigarettes, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tires of the United States of A.merica-in Congress assen~bled, 3 That this Act may be cited as the "Comprehensive Smoking 4 Prevention Education Act of 1981". 5 SEc. 2. The Congress finds that-- TI05390362

1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 2 (1) cigarette smoking- is the largest preventable cause of illness and premature death in the United States and is associated with the unnecessary deaths of over three hundred thousand Americans annually; (2) smoking is the number one cause of lung cancer in the United States and is the major cause of chronic'obstructive king diseases such as emphysema; (3) heart disease accounts for nearly one half of the deaths in this country and one third of these deaths are attributable to smoking; (4) pregnant women who smoke are at a higher risk for the possibility of spontaneous abortion, still births, premature births, and child weight deficiencies; (5) women who .take birth control pills and smoke are more likely to suffer a heart attack or stroke than women who don't smoke; (6) certain occupational hazards in conjunction ~vith an individual's smoking increase substantially the risk of disease and death; (7) present Federal, State, and pri-~-ate initiatives ha'~-e been insufficient in conveying these health mes- sages to the American public; (8) it is estimated that cigarette smoking related deaths and disabilities result in $25,800,000,000 annu- I-LtL 4957--ih T105390363

3 1 ally in lost productivity to the United States economy 2 and $13,600,000,000 in medical costs; and 3 (9) because of the above findings, a new strategy 4 should be undertaken to educate and provide informa- 5 tion to the American public to allo~v them to make in- 6 formed decisions as to whether or not they should 7 smoke. 8 SEc. 3. (a) Title X'V[[ of the :Public Health Service Act 9 is amended by adding at the end the following: 10 "S~,IOI4:ING AND HEALTH 11 "SEc. 1711. (a) There is established in the Department 12 of Health and Human Services the Office of Smoking and 13 Health (hereinafter in this section referred to as the 'Office') 14 which shall be under the Assistant Secretary for Health. The 15 Secretary shall appoint a Director to head the Office. 16 "(b) The Secretary, acting through the Office, shall es- 17 tablish and administer a program to inform the public of the 18 dangers to htunan health presented by cigarette smoking. In 19 carrying out the program ~.he Secretary shall-- 20 "(1) coordinate all research and educational pro- 21 grams and other activities within the Department 22 which relate to the effect of cigarette smoking on 23 human health and coordinate, through the Interagency 24 Committee on Smoking and Health, such activities 25 with similar activities of other Federal agencies; H.P,. t957~ih Ti05390364

4 1 "(2) establish and maintain a liaison xvith appro- 2 priate private entities, other Federal agencies, and 3 State and local public agencies respecting activities re- 4 fating to the effect of cigarette smoking on human 5 health; • 6 "(3) conduct research on the effect of cigarette 7 smoking on human health, develop materials for in- 8 forming the public of such effec.t, and provide assist- 9 ance for education programs on smoking and health; 10 "(4) collect, analyze, and disseminate (through 11 publications, bibliographies, and other~vise) information, 12 studies, and other data relating to the effect of ciga- r3 rette smoking on hum/m health, coordinate the devel- 14 opment of materials on smoking and health, and devel- 15 op standards, criteria, and methodologies for improved 16 information programs related to smoking and health; 17 and 18 "(5) compile and make available information on 19 State and local laws relating to the sale, distribution, 20 use, and consumption of cigarettes. 21 The Secretary may carry out paragraph (3) directly and 22 through grants. 23 "(c) To carry out the coordinat.ion activities under the 24 program established under subsection (b) there is established 25 an Interagency Committee on Sine'king and Health to be H.P~495~ih TI05390365

5 1 composed of one representative from each of the following: 2 The Federal Trade Commission, the Department of Educa- 3 tion, the Department of Labor, and an.v other :Federal agency 4 designated by the Secretary. The Committee shall meet at 5 least four times each year and the Director of the Office of 6 Smoking and Health shall ser~'e as the Chairman of the 7 Committee. 8 "(d) The Secretary, acting through the Office, shall 9 transmit a report to Congress not later than January 1 of 10 each year which shall contain-- 11 "(1) current information on the health conse- 12 quences of smoking; 13 "(2) ~n overvie~v of the activities of the Office 14 during the pre~-ious year and an assessment of the 15 :Federal activities undertaken to inform the public of 16 the health consequences of smoking; and 17 "(3) such recommendations for le~slation ~s the 18 Secretary may consider appropriate.". 19 (b) Section 1701(b) of the Public Health Ser~Sce ,kct (42 20 U.S.C. 300u(b)) is amended by striking out "and 1709" and 21 inserting in lieu thereof "170a, and 1711". 22 SEC. 4. (a) Section 4 of the Federal Cigarette Labeling ?.3 and Advertising Act (15 U.S.C. 1333) is amended to read as 24 follo~-s: ILR. 4957~ih TI05390366

6 1 "LABELING 2 "SEC. 4. (a)(1} It shall be unlawful for any person to 3 manufacture, package, import, or export for sale or distribu- 4 tion any cigarettes the package of which fails to beax, in 5 cordance ~vith the requirements of subsection (b), one of the 6 label statements listed in the following paragraphs: 7 "(A) For information on the Specific Dangers of 8 cigarette smoking, write t.o the Surgeon General, 9 United States Public Health Service, Washington, Dis- 10 trict of Columbia 20201. 11 "(B) Warning: Cigarette smoking is the number 12 one cause of Emphysema and Lung Cancer. 13 "(C) Warning: cigarette smoking is a major cause 14 of Heart Disease. 15 "(D) Smokers: No matter how long you have 16 smoked, quitting now greatly reduces the Asks to your 17 health. 18 "(E) Warning: Cigarette smoking by pregnant 19 women mav result in Birth Defects or Spontaneous 20 Abortion. 21 "(F) Warning: Gigare t smoking ma)- cause 22 Death from heart disease, cancer, or emphysema. 03 -- "(2) It shall be unlawful for any person to advertise any 24 cigarette unless the advertising bears, in accordance with the H.R. 495T~ih T!05390367

7 1 requirements of subsection (b), a label statement listed in 2 paragraph (1). 3 "(b) The Federal Trade Commission shall establish a 4 system under which- 5 "(1) each brand of cigarettes and the advertising 6 for each brand of cigarettes shall, in each six-year 7 period beginning after the system is made applicable to 8 it, bear each of the label statements listed in subsection 9 (a)(1), 10 "(2) no brand of cigarettes or its advertising shall 11 bear one of the label statements listed in subsection 12 (a)(1) for a period greater than one year, 13 "(3) in any year, each label statement listed in 14 subsection (~)(1) shall appear on substantially the same 15 number of brands as determined under the system, 16 "(4) the label statements shall be located in a 17 conspicuous place on each cigarette package and in 18 ea.ch cigarette advertising and shall appear in conspicu- 19 ous and legible type in contrast by bTo~aphy, layout, 20 and color with all other printed or background material 21 on the package or in the advert, ising, and 22 "(5) the label statements on packages of ciga- 23 rettes for export from the United States shall be print- 24 ed in the principal language of the country to which 25 the cigarettes are exported. I-I.R. 49~7~ih T!05390368

8 1 "(c) It shall be unla~fful for any person to manufacture, 2 package, import, or export for sale or distribution any ciga- 3 rettes the package and advertising of which fails to disclose 4 the level 5 "(1) tar, 6 "(2) n~cotine, and 7 "(3) carbon monoxide, 8 produced by the cigarette "~vhen smoked. The level of tar, 9 nicotine, and carbon monoxide shall be based on the levels 10 established annually by the Federal Trade Commission.". 11 (b) Section 5(a) of such Act (15 U.S.C. 1334) is amend- 12 ed by" inserting before the period the following: "or in any 13 cigarette advertising". 14 (c) Section 7 of such Act (15 U.S.C. 1336) is a.mend- 15 16 (1) by striking out subsection (a), 17 (b) by striking out "Except as provided in subsec- 18 tion (a), nothing" in subsection (b) ~nd inserting in lieu 19 thereof "Nothing", and 20 (3) by redesignating subsections (b) and (c) as sub- 21 sections (a) and (b), respecti 'e]y. 22 (d) Section 8 of such Act (15 U.S.C. 1337) is amended 23 by striking out subsection (a) and by striking out "Co)". H.P~ 4957--ih TI05390369

9 1 (e) Section 9 of such Act (15 U.S.C. 1338) is amended 2 by striking out "$10,000" and inserting in lieu thereof 3 "$100,000". 4= (f) Section 10 of such Act (15 U.S.C. 1339) is amended 5 bv inserting "(a)" after "S~c. 10." and by adding at the end 6 the follo~ing: 7 "(b)(1) Except as provided in paragraph (2), any person 8 may commence a civil action against any person who is al- 9 leged to be in violation of section 4 or 6 to restrain such 10 violation. Any civil action under this paragraph shall be 11 brought in the United States district court for the district in 12 which the alleged violation occurred or in which the defend- 13 ant resides or in which the defendant's principal place of 14 business is located. The district courts of the United States 15 shall have jurisdiction over suits brought under this para- 16 graph ~vithout regard to the ~mount in controversy or the 17 citizenship of the parties. In any civil action under this para- 18 graph, process may be ser'~,ed on a defendant in any judicial 19 district in which the defendant resides or may be found and 20 subpoenas for witnesses may be served in ~ny judicial dis- "..)1trict. 22 "(2) No civil action may be commenced under para- 23 graph (1) to restrain ~ violation of section 4 or 6-- 24 "(A) before the expiration of sixty days after the 25 plaintiff has ~ven notice of such violation (i) to the H.R.. 495~7~ih T!05390370