Tobacco Documents Online

I 101ST COhTGRESS SE33I0 N 2D I-I. Re 5041 To prescrnbe labels for packages and"advertising for tobacco products, to restrict the advertising of tobacco products, and for other purposes. IN THE HOUSE OF REP&ESENTATIYES JUNE 14, 1990 Mr. Wams&N (for himself, Mr. SzNAS, Mr. Warrraxzs, Mr. Taonsas A. LvxzN, Mr. Sixossffi, Mr. BATzs, Mr. Scnzw$s, Mr. WxDEN, Mrs. Cor.- r.nrs, Mr. Nmr.soN of Utah, Mr. Mesm, Mr. ATxm, Mr. Dvssnv, Mr. STasg, Mr. 4zscLOs$z, Mr. McDEancorr, Mr. EveNS, Ms. ScmimmEB, Mrs. Boms, Mr. Armssws, Mr. Caarrnr.$s, Mr. Csocxzrr, Mr. LEVars of California, and Mr. CoN'YEas) introduced the following bill; which was re- ferred to the Committee on Energy and Commerce A BILL To prescribe labels for packages and advertising for tobacco products, to restrict the advertising of tobacco products, and for other purposes. 1. Be it enacted by the Senate and House o f Representa- 2 tives o f the United States o fAmerica in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Tobacco Control and 5 Health Protection Act". 6 SEC. 2 FINDINGS. ~ 7 The Congress finds the following:

2 ' 1 (1) Tobacco use is the largest preventable cause 2 of illness and premature death in the United States. 8 (2)- Tobacco is a uniquely harmful product in that 4 it is the only product which kills wheri used as intend 5 ed. 6 (3) The use of cigarettes and smokeless tobacco is 7 addictive because it contains nicotine which is a poi- 8 sonous, addictive drug. 9 (4) The vast majority of new smokers are teen- 10 agers or younger, and children are beginning to smoke 11 today at a younger age than ever before. 12 (5) In 1985 the United States health care system 13 spent an estimated $22,000,000,000 to treat smoking 14 related diseases, of which the Federal Government 15 paid about $4,200,000,000, while lost productivity 16 costs due to smoking related dlness and premature 17 death were $43,000,000,000. 18 (6) In 1989 the tobacco industry spent over 19 $3,000,000,000 on advertising and promotion to at- 20 tract new users, retain current users, increase current 21 consumption, and generate favorable long-term atti- 22. tudes toward smoking and tobacco use. N 23 (7) The Federal Government has a substantial in- ~ 24 terest in ensuring that those who do not use-tobacco ~ 25 products are not encouraged to *use them and those ~ . ~ ~ sx 5%1 n;

3 1 who use tobacco products are discouraged from con- 2 tinuing their use. .3 (8) Advertising for tobacco products is directed 4 not only at promoting one brand over another, but also 5 at inducing nonusers to -become users, and such adver- 6 tising in fact persuades substantial numbers of nonusers 7 to try the advertised tobacco product. 8 (9) Much of the advertising for tobacco products is 9 designed to appeal to minors by associating the use of 10 tobacco products with sophistication, sex appeal, suc- 11 cess, athletic ability, and good health, and that appeal 12 substantially increases the likelihood that minors will 13 start to use tobacco products. 14 (10) Much of the advertising for tobacco products, 15 including in particular nontobacco products that bear 16 the brand name, logo or symbol of a tobacco product, 17 is directed to minors, and much of the advertising not 18 directed to minors in fact reaches them. 19 (11) Tobacco product advertisements with human 20 figures or facsimiles thereof, with beautiful pictures, 21 scenes, and images have a significant impact on 22 minors. 23 (12) The tobacco industry agrees that tobacco use . 24. is an adult activity, but has not altered its advertising

4 1 and promotional practices to avoid or limit their impact 2 on children. 3 (13) Those aspects of tobacco products advertising 4 that. contain useful information for those who are decid 5 ing whether to use any tobacco product and, if so, 6 which brand, are generally not given prominence at the 7 present time, and those informationai items can be con- 8 veyed effectively without the use of colors and portray- 9 als of human beings, cartooned figures, or facsimiles 10 thereof, and by use of black on white textual messages. 11 (14) The advertising of tobacco producta in asso- 12 ciation with athletic, musical, and artistic events, or 13 the sponsorship of such events by manufacturers of to- 14 bacco products, is particularly effective in attracting 15 minors to the use of tobacco products because of the 16 association between the event and the product, and the 17 implicit message that performers at - such events can 18 use such products without adversely affecting their 19 abilities to perform. 20 (15) Through advertisements during and sponsor- 21 ship of sporting events, tobacco has become strongly 22 associated with sports and has become deceptively por- 23, trayed as an integral part of sports and the healthy 24 lifestyle associated with rigorous sporting activity. OHB 5041. IH

5 1 (16) The use of free or reduced price samples for 2 tobacco products substantially increases the number of 3 nonusers who try the product, and such promotional 4 practices cannot effectively be controlled so that minors 5 do not try the product as a result of the promotional 6 practice. 7 (17) Previous actions by Congress, while partially 8 addressing the problems caused by tobacco product ad 9 vertising and promotion, have not eliminated the need 10 for further control of the advertising and promotion of 11 tobacco products. 12 SEC. 3. PRODIICT PACKAGE LABELING. 13 (a) IN GzrrEBAr..- 14 (1) It shall be unlawful for any person to manu- 15 facture, package, or distribute for sale within the 16 Vnited States any cigarettes unless the cigarette pack- 17 age bears, in accordance with the requirements of this 18 section, one of the following warning labels: 19 WARNING- Cigarettes Kill 20 WARN7NG: Cigarettes Cause Lung Cancer 21 WARNING: Cigarettes Cause Emphysema 22 WARNING: Cigarettes Cause Heart Disease 23 WARNING: Tobacco Is an Addicting Drug 24 WARNING: Quitting Cigarettes Will Improve 25 $ealth .1M W41 M

6 1 WARNING: Cigarettes May Cause Fetal Injury 2 or M'iscarriage 3 WARNING: Cigarette Smoke is Harmful to Non- 4 smokers 5 WARNINQ: Cigarettes Cause Stroke. 6 (2) It shall be unlawful for any person to manu- 7 facture, package, or distribute for sale within the 8 United States any smokeless tobacco product unless 9 the product package bears, in accordance with the re- 10 quirements of this section, one of the following warning 11 labels: 12 WARNIN(I: Smokeless Tobacco Can Cause 13 Mouth Cancer 14 WARNIlqG: Smokeless Tobacco Can Cause Gum 15 Disease and Tooth Loss 16 WARNING: Smokeless Tobacco Is Not a Safe 17 Alternative to Cigarettes ~ 18 WARNING: Tobacco Is an Addicting Drug. 19 (b) LABEL FoB.vAT.-The warning label required by 20 subsection (a) shall- 21 (1) appear on the top of the 2 most prominent 22 sides of the product package -on which the label is re- 23 quired, 24 (2) be in a size which is not less- than 25 percent 25 of the side on which the label is placed, ae3 aai e;

7 1 (3) appear in white letters on black backing or in 2 black letters on white backing, whichever is most con 3 spicuous and prominent in contrast to the color of the 4. package, except that the word "WARNING" shall 5 appear in red letters, 6 (4) be in a rectangular shape enclosed in a border 7 of color contrasting to the color of the backing pre- 8 scribed by paragraph (3) and to the predominant color 9 of the package, and 10 (5) include letters in a height, thickness, and type 11 face which assures that the letters in the space provid- 12 ed for the statement will be no less legible, prominent, 13 and conspicuous than the most legible, prominent, and 14 conspicuous typeface, typography, and size of other 15 matter printed on the side of the package on which the 16 label statement appears. 17 (c) S,oTATiox.-The warning labels required by subsec- 18 tion (a) shall be rotated by each manufacturer of cigarettes 19 and smokeless tobacco products on each brand of cigarettes 20 and smokeless tobacco products in accordance with a plan 21 approved for the manufacturer by the Secretary. Each such 22 plan shall provide for an approximately even distribution of 23 the labels among all brands of the cigarettes and smokeless 24 tobacco products of each manufacturer each year. .HR soai IIi i

8 1 3EG 4. ADVERTISING LABELING. 2 (a) IN (I$NBaAz,.- 3 (1xA) It shall be unlawful for any person to man- 4 ufacture, package, or distribute for sale within the 5 United States any brand of cigarettes unless the adver- 6 tising, other than billboard advertis~iag, for such brand 7 bears the warning label required for cigarettes by sec- 8 tion 8(a)(1). 9 (B) It shall be unlawful for any person to manu- 10 facture, package, or : distribute for sale within the 11 United States any brand of cigarettes unless the adver- 12 tising for such brand on billboards bears one of the fol- 13 lowing warning labels: 14 WARNING: Cigarettes Kill 15 WARNING: Cigarettes Cause Lung Cancer, 16 WARNING: Cigarettes Cause Heart Disease 17 WARNING: Cigarettes Cause Emphysema 18 WARNING: Cigarettes May Cause Fetal Injury 19 WARNING: Tobacco Is an Addicting Drug 20 WARNING: Cigarette Smoke Harms Nonsmok- 21 ers 22 WARNING: Cigarettes Cause Stroke. -23 (2) It shall be unlawful for any person to manu- 24 facture, package, or distribute for sale within the 25 United States any brand of smokeless tobacco product 26 unless the advertising for such product bears the warn- .HB s0i1 1H

9 1 ing label required for smokeless tobacco products by 2 section 3(a)(2). 3 (b) FoBnuT.- 4 (1) The warning label required by subsection (a) 5 for advertising shall- 6 (A) appear in white letters on black backing 7 or in black letters on white backing, whichever is 8 most prominent relative to the color of the adver- 9 tisement, except that the word "WARNING" .10 shall appear in red letters, 11 (B) be in a rectangular shape which occupies 12 20 percent of the space of each advertisement and 13 which is located at the top of the advertisement 14 and enclosed in a border of color contrasting to 15 the color of the backing prescribed by subpara- 16 graph (A) and to the predominant color of the ad 17 vertisement of the tobacco product being adver- 18 tised, and 19 (C) include letters in a type face and size 20 which, within the space limitation prescribed by 21 subparagraph (B), assure that the letters in the 22 statement will be no less legible, prominent, or 23 conspicuous than the most legible, prominent, and 24 conspicuous typeface, typography, and size of 25 other matter printed on the advertisement.

10 1 (2) In the case of billboards which use artificial 2 lighting, the warning label on the billboard shall be no 3 less visible than other printed matter on the billboard 4 when the lighting is in use. 5 (o) RoTaTIoN.- 6 (1) warning labels on advertising (other than bd1- 7 boards) shall be rotated quarterly in alternating se- 8 quence for each brand of cigarettes or smokeless tobac- 9 co product manufactured by the manufacturer or im- 10 ported by the importer in accordance with a plan sub- 11 mitted by the manufacturer or importer and approved 12 by the Secretary. 13 (2) warning labels on advertising displayed on bill- 14 boards shall be rotated annually or whenever the ad- 15 vertisement is changed, whichever occurs first. 16 SEC. S. ELECTRONIC CObIMUNICATION PItOHIBITION. 17 It shall be unlawful to advertise any tobacco product on 18 any medium of electronic communication subject to the jur.s- 19 diction of the Federal Communications Commission. 20 SEC. 8. ADYERTISING. 21 (a) AnvESTwnNa.-It shall be unlawful for any person 22 to manufacture, package, or distribute for sale within the ~ 23 United States any tobacco product except in accordance with ~ ~ 24 the following requirements: Ob ~. .HR eoa Of