Tobacco Documents Online

use (Sec. 12(B)(2)(F)). The mission of the Center would be similar to mission of the Center proposed in the Bates bill (H.R. 3943) and the Kennedy bill (S. 1883). No funding is authorized for the activities of the Secretary under H.R. 5041, including operation of the Center. Secs. 12(d) and 14 would require the Secretary to submit to Congress annual and biennial reports on various tobacco-related matters including cigarette advertising and promotion, currently the reporting responsibility of the FTC. 12. PREEMPTION (SEC. 13). H.R. 5041 would replace existing preemption with the following provision (emphasis added): "(a) FEDERAL ACTION.--No statement relating to the use of a tobacco product and health, other than a statement required by or under this Act, shall be required by any Federal agency to appear on an (sic] tobacco product package or in any advertisement of a tobacco product. (b) STATE AND LOCAL ACTION.--No statement relating to the use of a tobacco product and health, other than a statement required by or under this Act, shall be required by any State or local statute or regulation to be included on any package of a tobacco product or in any advertisement of a tobacco product. (c) EFFECT ON LIABILITY LAW.--Compliance with any requirement of this Act, the Federal Cigarette Labeling and Advertising Act ***, or the Comprehensive Smokeless Tobacco Health Education Act of 1986 * * * shall not relieve any person from liability to any other person at common law or under State statutory law." No N W ~ r Q ~ t0

13. EFFECTIVE DATES (SEC. 17(a)). The bill specifies a series of effective dates for its various provisions -- one year following enactment in the case of Secs. 3 (package warnings), 4 (advertising warnings), 5 (broadcast ban), 7 (ingredient/constituent regulation and disclosure), 10 (candy cigarettes and gum), and 13 (preemp- tion); two years following the date of enactment in the case of Sec. 9 (sale to minors); and three years following the date of enactment in Sec. 6 (advertising and promotion restrictions). No effective date is given for Sec. 8 (addi- tional information), 11 (enforcement), 12 (authority of the Secretary; Center on Tobacco and~Health) or 14 (reports). The Federal Cigarette Labeling and Advertising Act, Sec. 3 of the Comprehensive Smoking Education Act an-d the Comprehensive Smokeless Tobacco Health Education Act of 1986 would be repealed effective one year from the date of enactment. Sec. 16(b). 14. FEDERAL TRADE COMMISSION (Sec. 16(c)). The bill says it should not be read to "limit or restrict the existing authority of the Federal Trade Commission with respect to tobacco products or promotion." However, Sec. 15(1)(F) defines "promotion" as "advertising" and the bill transfers from the FTC to HHS responsibility with respect to N 0 N warning rotation; "tar" and nicotine information in advertising ~ M+ ~

and reporting to Congress concerning cigarette advertising and promotion.