Tobacco Documents Online

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