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

11 1 (1) No human or -cartoon figure or facsimile there- 2 of, no tobacco product trademark logo or symbol, and 3 no picture, other than the picture of a single package 4 of the tobacco product being advertised which meets 5 the requirements of subsection (c) displayed against a 6 neutral white background,- shall be used in or as part of 7 any tobacco product advertisement. 8 (2) The print in any tobacco product advertise- 9 ment, including the print on any tobacco product pack- 10 age in any tobacco product advertisement, shall be 11 black on a white background. 12 (3) No tobacco product advertisement shall be lo- 13 cated- 14 (A) in or on a sports stadium or other sports 15 facility or any other facility where sporting activi- 16 ty is regularly performed, 17 (B) on cars, boats, or other sporting equip- 18 ment used in or associated with any sporting 19 event, or 20 (C) within 1,000 feet of any school which 21 students under the age of 21 years of age regular- 22 ly attend. 23 (b) P$on2oTloN.-It shall be unlawful within the 24 United States for the manufacturer, packager, or distributor 25 of tobacco products-

12 1 (1) to distribute or cause to be distributed any to- 2 bacco product as a free sample or to make any tobacco 3 product available at no or reduced cost through the use 4 of coupons or other promotional method, 5 (2) to sponsor or cause to be sponsored any ath- 6 letio, music, artistic, or other event in the name of a 7 tobacco product trademark or in a manner so that a to-- .8 bacco product trademark is publicly identified as a 9 sponsor of, or in any way associated with, such an 10 event, 11 (3) to market or cause to be marketed nontobacco 12 products (including toys) or services which bears the 13. name of a tobacco product trademark, 14 (4) to pay or cause to be paid to have any tobacco 15 product or any tobacco product trademark appear in 16 any movie, music video, television show, play, video 17 arcade game, or other form of entertainment, or 18 (5) to pay or cause to be paid to have any tobacco 19 product trademark appear on any vehicle, boat, or 20 other equipment used in sports. 21 (c) TOBACCO PRODUCT PACSaaES.-It shall be unlaw- 22 ful for any person to manufacture, package, or distribute for 23 sale within the United States any tobacco product if the 24 package of the product (or any packaging of such package) 25 contains a picture or human figure or facsimile thereof or •HB bo.l of

13 1 cartoon figure unless the picture, figure, facsimile, or cartoon 2 figure appeared on such tobacco product package for a period 3 of 5 consecutive years before January 1, 1989. 4 (d) AtTDIO TAPE, AUDIO Discs, VIDEOTAPE, Arm 5 Fmx-It shall be unlawful to advertise any tobacco product 6 on any audio tape, audio disc, videotape, video arcade game, 7 or fi1m. 8 (e) CoNsTRvcTioN.-Subsections (a) and (b) of this sec- 9 tion apply to advertising, promotion, and packaging of non- 10 tobacco products or services which (1) are manufactured or 11 marketed by a corporation which manufactures or distributes 12 tobacco products, including related companies or licensees of 13 such corporation, or any person acting with the concurrence 14 15 16 17 18 19 20 21 22 23 24 25 or acquiesence of such a corporation, and (2) bear the trade- mark of a tobacco product manufactured or sold by such cor- poration. For purposes of this subsection, the term "related company" means any person whose use of a trademark is controlled by the owner of the trademark with respect to the nature and quality of the goods or services on or in connec- tion with which the trademark is used. SEC. 7. REGULATION OF TOBACCO CONSTITUENTS AND IN- GREDIENTS (a) Ix GErtERAL.- (1) No tobacco advertisement or tobacco product package label shall contain any representation with re- .HR aoai IH

14 1 spect to health or safety, including representations con- 2 cerning, the level 'of or removal; reduction, or addition 8 of ingredients, tar, nicotine, carbon monoxide, or filters 4 or any other mechanism or device. 5 (2) A tobacco advertisement may contain a repre- 6 sentation described in paragraph (1) if the Secretary 7 has determined by regulation that such representation 8 is significant in terms of affecting health and safety and 9 is based upon significant scientific agreement. 10 (b) Pso$MTIox.- 11 (1) It shall be unlawful for any person to manu- 12 facture, package, or distribute for sale within the 13 United States, any tobacco product unless- 14 (A) such person has provided the Secretary, 15 within the last 12 months, with- 16 Ci) a complete list of all brands of such 17 tobacco products, 18 Cn') in the case of tobacco products other 19 than smokeless tobacco, the results of tests, 20 approved by the Secretary, establishing the 21 tar, nicotine, carbon monoxide, and other to- 22 bacco smoke constituent (as determined by 23 the Secretary) levels for each brand, and 24 (iii) in the case of smokeless tobacco, 25 the results of tests, approved by the Secre-

15 1 tary, establishing the levels of nicotine and 2 other constituents (as determined by the Sec- 3 retary), and 4 (B) the label on the package of the tobacco 5 product states the ingredients of the product in 6 descending order of prominence. 7 The Secretary may _ include a constituent under sub- 8 paragraph (A) if the Secretary determines that it is ap- 9 propriate to inform the public of the health haaards of 10 such constituent. 11 (2) The Secretary shall make public the lists and 12 test results provided under paragraph (1). 13 (c) INaa,EDmNTs.-If the Secretary determines that 14 any ingredient other than tobacco in a tobacco product, either 15 by itself or in conjunction with any other such ingredient, is 16 unsafe or-presents increased risks to health to the consumer 17 or general public, the Secretary may require that the levels 18 of such ingredient in the tobacco product be reduced or that 19 such ingredient be eliminated entirely. 20 SEC. 8. PROVISION OF ADDITIONAL INFORMATION. 21 The Secretary may by regulation require that the manu- 22 facturer, packager, or distributor of tobacco products provide 23 consumers of tobacco with additional information, by way of 24 additional labeling of packages, inserts, or other means,.about 25 the adverse effects of tobacco products. Such additional .1M sai M

16 1 warnings may include directions for use and statements of .2 contraindications. 3 SEC. 8. SALE TO AWORS. 4 Section 1916 of the Public Health Service Act (42 5 U.S.C. 300x-4) is amended by adding at the emd the follow- 6 ing: 7 "(h)(1) No State shall be eligible to receive an allotment 8 under this subpart unless the Secretary has determined that 9 the State has in effect a law- 10 "(A) which makes it unlawful to sell or cause to 11 be sold any tobacco product to any person under the 12 age of 19, 13 "(B) which makes it unlawful to sell or cause to 14 be sold any tobacco product in a place which is not li- 1b censed by the State to make such a sale, 16 "(C) which makes it unlawful to sell or cause to 17 be sold any tobacco product in any place in which a 18 person under the age of 19 may lawfully enter unac- 19 companied by a parent or guardian unless- 20 "0) the product is sold as an over-the- 21 counter product, and by the legal owner or propri- N 22 etor (or by a designated employee of the owner or ~ 23 proprietor) of the establishment in which the prod- ~ M 24 uct is sold, and ' , ~ ~ .H8 3041 IIi

17 1 "(iu') the legal owner or proprietor of the es- 2 tablishment in which the product is sold has 3 posted in a conspicuous location in the establish- 4 ment a sign provided by the State which states 5 'The Sale of Tobacco Products to Persons under 6 19 is Strictly Prohibited by State Law, Photo ID 7 Required', 8 "(D) which includes civil penalties and license 9 suspension and revocation, and 10 "(E) which designates a State agency for the issu-11 ance of licenses for the sale of tobacco products and for 12 the enforcement of such law. 13 "(2) A State which receives an allotment under this sub- 14 part after paragraph (1) takes effect shall report annually to 15 the Secretary on the enforcement in the State of the law 16 referred to in that paragraph. 17 "(3) The Secretary may suspend the payment of an al- 18 lotment under this subpart to a State if the Secretary deter- 19 mines, after affording the State an opportunity for a hearing, 20 that the State is not adequately enforcing the law referred to 21 in pasagraph (1).". 22 sEC: iu. CONFECTIONARY. 23 Section 403 of the Federal Food, Drug, and Cosmetic 24 Act (21 U.S.C. 343) is amended by adding at the end the 25 following: aM so+1 IH

18 1 "(q) If it is a confectionary or chewing gum and it is 2 sold in a form which resembles cigarettes or other tobacco 3 products.". 4 SEC.11. ENFORCEMENT. 5 (a) IN GwaaaL.-- 6 (1) The Secretary may issue such regulations as 7 may be appropriate for the implementation of this Act. .8 (2) In carrying out the Secretary's duties under 9 this Act, the Secretary shall, as appropriate, consult 10 wiLh' such experts as may have appropriate training 11 and experience in the matters subject to such duties. 12 (3) The Secretary shall monitor compliance with 13 the requirements of this Act. 14 (4) The Secretary shall recommend to the Attor. 15 ney General such enforcement actions as may be ap- 16 propriate. 17 (b) IrwvrTCTiox.- 18 (1) The district courts of the United States shall 19 have jurisdiction over civil actions brought to restrain 20 violations of section 3, 4, 5, 6, 7, 8, 9, and 10. Such a 21 civil action may be brought in the United States dis- 22 trict court for the judicial district in which any substan- 23 tial portion of the violation occurred or in which the 24 defendant is found or transacts business. In such a civil 25 action, process may be served on a defendant in any .HB DO{l I$

19 1 judicial district in which the defendant resides or may 2 be found and subpoenas requiring attendance of wit- 3 5 nesses in any such action may be served in any judicial district. (2) Any interested organization may bring a civil 6 action descrn`bed in paragraph (1). If such an organiza- 7 tion substantially prevails in such an action, the court 8 may award it reasonable attorney's fees and ezpenses.' 9 For purposes of this paragraph, the term "interested 10 organization" means any nonprofit organization one of 11 whose purposes, and a substantial part of its activities, 12 include the reduction in the use of tobacco products. 13 (c) Cw1z. PrxALTY.-Any person who manufactures, 14 ' packages, distributes, or advertises a tobacco product in vio- 15 . lation of section 3, 4, 5, 6, 7, or 8 shall be subject to a civil 16 penalty of not more than $100,000 for each violation per 17 day. 18 SEC. 12. AUTHORITY OF THE SECRETARY OF HEALTH AND 19 HUMAN SERVICES. 20 (a) Irr GExEaAL.-The Secretary may- 21 (1) conduct and support research on the effects of 22 tobacco products on human health (including the effects 23 of passive smoking) and develop materials for informing 24 the public of such effects, .HB 50.1 IH

20 1 (2) develop and implement strategies for reducing 2 the consumption of cigarettes, smokeless tobacco, and 8 other tobacco products, 4 (8) coordinate, through the Center on Tobacco 5 and Health, all research, educatibnal programs, and 6 other activities within the Department of Health and 7 Human Services which relate to the effects of the use 8 of tobacco products on human health and coordinate, 9 through the Interagency Committee on Tobacco and 10 Health, such activities with similar activities of other 11 Federal agencies and of private agencies, and 12 (4) establish and maintain a liaison with appropri- ' 13 ate private entities, other Federal agencies, and State 14 and local public agencies respecting activities relating 15 to the effects of the use of tobacco products on human 16 health and initiatives to discourage the use of tobacco 17 products. 18 (b) CENTEB ON TOBACCO AND HEALTH.- 19 (1) The Secretary shall establish within the Fublic 20 Health Service a Center on Tobacco and Health. The 21 Center shall be headed by a Director appointed by the ~ 22 Secretary from persons who have appropriate training ~ 23 and experience. ~ M 24 (2) The Center shall- ~~ an aai M

21 2 3 4 5 6 7 8 25 (A) educate the public concerning the health consequences of using tobacco products, including information on harmful constituents of, and addi- tives to, tobacco products, (B) support research projects concerning the patterns of tobacco product use, initiation, and cessation, particularly among youth under 21, (C) assist State and local governments to en- hance enforcement of laws prohibiting the sale of tobacco products to minors, (D) prepare and distn`bute materials to edu- cate the public concerning the adverse health ef- fects of using tobacco products, (E) prepare public service announcements and prepare and conduct paid advertising cam- paigns to discourage the use of tobacco by youth and other population groups at risk of using to- bacco products, (F) coordinate discussions between film makers, broadcast media managers, and others re- garding the adverse health effects of tobacco and the impact of the media on tobacco use, (G) collect, analyze, and N C disseminate W (through publications, bibliographies, and other- wise) information, studies, and other data relating ~ a ao .HR W41 M

22 1 to the effects of the use of tobacco products on 2 human health and develop standards, criteria, and 3 methodologies for improved programs to reduce 4 the incidence of smolang and the use of other to- 5 bacco products, 6 (H) compile and make avadable information 7 on State and local laws relating to the use and 8 consumption of cigarettes. and other tobacco prod- 9 ucts, and 10 (1) undertake research activities and compile 11 such information which the Secretary determines 12 necessary and appropriate to carry out this sec- 13 tion. 14 (c) INTE$At3Ex& CommrTTEE ON TOBACCO aNn 15 HEAI,TH.- 16 (1) There is established in the Center an Inter- 17 agency Committee on Tobacco and Health. The Inter- 18 agency Committee shall- 19 (A) coordinate all research and educational 20 programs within the Department of Health and 21 Human Services which relate to the effects of the 22 use of tobacco products on human health and co= 23 ordinate such activities with other Federal agen- 24 cies and private agencies, and .HR 50.1 IH

23 1 (B) establish and maintain a liaison with ap- 2 propriate private entities, other Federal agencies, 3 and State and local public agencies respecting ac- 4 tivities relating to the effects of the use of tobacco 5 products on human health. 6 (2) The Interagency Committee shall be composed 7 of- 8 (A) members appointed by the Secretary 9 from appropriate institutes and agencies of the 10 Department that may include the National Cancer 11 Institute, the National Heart, Lung, and Blood 12 Institute, the National Institute of Child Health 13 and Human Development, the National Institute 14 on Drug Abuse, the Health Resources and Serv- 15 ices Administration, and the Centers for Disease 16 Control, 17 (B) at least one member appointed from the 18 Federal Trade Commission, the Department of 19 Education, the Department of Labor, and any 20 other Federal agency designated by the Secretary, 21 the appointment of whom shall be. made by the 22 head of the entity from which the member is ap- . 23 pointed, and. 24 (C) five members appointed by the Secretary 25 from physicians and scientists who represent pri- N O N W i0. r ~ ~ .HR 5041 M

24 1 vate entities involved in informing the public 2 about the health effects of smoking. 3 (8) The Secretary shall designate the chairperson 4 of the Interagency Committee. 5 (4) While away from their homes or regular 6 places of business in the performance of services for 7 the Interagency Committee, members of the Interagen- 8 cy Committee shall be allowed travel expenses, includ- 9 ing per diem in lieu of subsistence, in the manner pro- 10 vided by section 5702 or 5703 of title 5, United States 11 Code. 12 - (5) The Secretary shall make available to the 13 Interagency Committee such staff, information, and 14 other assistance as it may require to carry out its ac- 15 tivities effectively. 16 (d) R$posT.-Not later than January 1, 1991, and bi- 17 ennially thereafter, the Secretary shall prepare and submit to 18 the appropriate committees of the Congress a report that 19 shall contain- 20 (1) an overview and assessment of Federal activi- 21 ties undertaken to inform the public of the health 22 consequences of tobacco products and' passive smoking 23 and the extent of public knowledge of such conse- 24 quences, 25 (2) a description of the activities of the Secretary, 26 the Center, and the Interagency Committee, 9HB OO4l Qi

25 ' 1 (3) information regarding the activities of the pri- 2 vate sector taken in response to the effects of tobacco 3 products on health, and 4 (4) such recommendations as the Secretary may 5 consider appropriate. 6 SEG 13. PREEMPTION. f 7 (a) FEDEBAL ACTION.-No statement relating to the 8 use of a tobacco product and health, other than a statement 9 required by or under this Act, shall be required by any Feder- 10 al agency to appear on any tobacco product package or in 11 any advertisement of a tobacco product. 12 (b) STATE aND LocAr. AcTIoN.-No statement relat- 13 ing to the use of a tobacco product and health, other than a 14 statement required by or under this Act, shall be required by 15 any State or local statute or regulation to be included on any 16 package of a tobacco product or in any advertisement of a 17 tobacco product. 18 (c) EFFECT ON Iiasiz.iTy LAw.-Compliance with any 19 requirement of this Act, the Federal Cigarette Labeling and 20 Advertising Act (15 U.S.C'. 1331 et seq.), or the Comprehen- 21 sive Smokeless Tobacco Health Education Act of 1986 (15 22 U.S.C. 4401 et seq.) shall not relieve any person from liabil- 23 ity to any other person at common law or under State 24 statutory law. .HR 504t ER

26 1 SEC.14. REPORT. ' 2 The Secretary shall transmit a report to the Congress 3 not later than January 1, 1991, and annually thereafter con- .4 taining 5 (1) a description of the effects of health education 6 efforts on the use of tobacco products, 7 (2) a description of the use by the public of tobac- 8 co products, 9 (3) current information on the health effects of to- 10 bacco products, 11 (4) identification of areas appropriate for further 12 research, 13 '(5) a description of the current sales, advertising, 14 and marketing practices associated with cigarettes and 15 other tobacco products; and 16 (6) such recommendations for legislation and ad- 17 ministrative action as the Secretary considers appropri- 18 ate. 19 SEG 15. DEFINITION3. 20 As used in this Act: 21 (1) The term "advertisement" means- 22 (A) all newspapers and magazine advertise- 23 ments and advertising inserts, billboards, posters, 24 signs, decals, banners, matchbook advertising, 25 point-of-purchase display material and all other 26 written or other material used for promoting the elm swi U1

27 1 sale or consumption of tobacco products to con- 2 sumers, 3 (B) advertising promotion allowances, 4 . (C) utilitariau items, 5 (D) any reference to the brand name of a to- 6 bacco product, and 7 (E) any other means used to promote the 8 identification or purchase of tobacco products. 9 (2) The term "brand" means a variety of tobacco 10 products distinguished by the tobacco used, tar and nic- 11 otine content, flavoring used, size of the tobacco prod- 12 uct, filtration, or packaging. 13 (3) The term "cigarette" means- 14 (A) any roll of tobacco wrapped in paper or 15 in any substance not containing tobacco which is 16 to be burned, 17 (B) any roll of tobacco wrapped in any sub- 18 stance containing tobacco which, because of its 19 appearance, the type of tobacco used in the filler, 20 or its packaging and labeling is likely to be of- 21 fered to, or purchased by consumers as a cigarette 22 . described in subparagraph (A), 23 (C) little cigars which are any roll of tobacco 24 wrapped in leaf tobacco or any substance contain- 25 ing tobacco (other than any roll of tobacco which •e$ soai M

i , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 '15 16 17 18 19 20 21 22 23 28 n is a cigarette an • . thin the meanmg of -subparagraph (A)) -and as to which one thousand units weigh not more •than 3 pounds, and (D) loose rolling tobacco and papers used to contain such tobacco. (4) The term "constituent" means any element of tobacco or cigarette mainstream or sidestream smoke, including tar, nicotine, and carbon monoxide. (5) The term "distributor" does not include a re- tailer and the term "distribute" does not include retail distribution. (6) The term "ingredient" means any substance the intended use of which results, or may reasonably be expected to result, directly or indirectly, in its be- coming a component or otherwise affecting the charac- teristics of any tobacco product. (7) The term "representation" means any state- ment, reference, or claim which is (A) expressed or im- plied, (B) direct or indirect, or (C) oral, written, or printed or in graphic form or in any combination of such forms. IN (8) The term "Secretary" means the Secretary of ~ Health and Human Services. w MC& ~ sHR Wu D[ ~

29 1 (9) The term "smokeless tobacco" means any 2 finely cut, ground, powdered, or leaf tobacco that is in- 3 tended to.be placed in the oral cavity. 4 (10) The term "tobacco product" means- 5 6 (A) cigarettes, (B) little cigars, (C) cigars as defined in section 5702 of the Internal Revenue Code of 1954, (D) pipe tobacco, (E) loose rolling tobacco and papers used to contain such tobacco, (F) products referred to as smokeless tobac- co, and (G) any other form of tobacco intended for human consumption. (11) The term "trademark" means any word, name, symbol, logo, or device or any combination thereof used by a person to identify or distinguish such person's goods from those manufactured or sold by an- other person and to indicate the source of the goods. (12) The term "United States" includes the States and installations of the Arnmed Forces of the United States located outside a State. (13) The term "State" includes, in addition to the 50 States, the District of Columbia, Guam, the Com-

80 1 monwealth of Puerto Rico, the Northern Mariana Is- 2 lands, the Virgin Islands, American Samoa, and the 3 Trust Territory of the Pacific Islands. 4 SEC. 16.. EFFECTiyE DATES AND CONFORbIING AMENDMENT9. 5 (a) Emmm DATEs.-This Act shall take effect on 6 the date of the enactment of this Act, except that 7 (1) sections 3, 4, 5, 7, 10, and 13 shall take effect 8 one year after the date of the enactment of this Act, 9 (2) the amendment made by section 9 shall take 10 effect 2 years after the date of the enactment of this 11 Act, and 12 (3) section 6 shall take effect 8 years after the 13 date of the enactment of this Act. 14 (b) CoxFo$Kma AazxDmErrrs.-Effective one year 15 from the date of the enactment of this Act, the Federal Ciga- 16 rette Labeling and Advertising Act (15 U.S.C. 1331 et seq.), 17 the Comprehensive Smokeless Tobacco Health Education 18 Act of 1986 (15 U.S.C. 4401 et seq.), and section 3 of the 19 Comprehensive Smoking Education Act (15 U.S.C. 1331 20 note) are repealed. 21 (c) FBDEa,al: TBaDS: ConsMssiox.-This Act and the 22 amendments made by subsection (b) shall not be construed to 23 limit or restrict the existing authority of the Federal Trade 24 Commission with respect to tobacco products or promotion. 0 .HR S.i M