[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3025 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3025

   To prohibit the distribution of free samples of smokeless tobacco 
                    products and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 1993

  Mrs. Schroeder (for herself, Mr. Durbin, Mr. Synar, and Ms. Norton) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To prohibit the distribution of free samples of smokeless tobacco 
                    products and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Smokeless Tobacco Distribution 
Control Act of 1993''.

SEC. 2. PROHIBITION.

    (a) In General.--It shall be unlawful within the United States for 
the manufacturer, packager, or distributor of smokeless tobacco 
products to distribute or cause to be distributed any smokeless tobacco 
product as a free sample or to make any smokeless tobacco product 
available at no or reduced cost through the use of coupons or other 
promotional method.
    (b) Definition.--As used in this Act, the term ``smokeless 
tobacco'' means any finely cut, ground, powdered, or leaf tobacco that 
is intended to be placed in the oral cavity.

SEC. 3. ENFORCEMENT.

    (a) In General.--
            (1) The Secretary of Health and Human Services may issue 
        such regulations as may be appropriate for the implementation 
        of section 2.
            (2) In carrying out the Secretary's duties under this Act, 
        the Secretary shall, as appropriate, consult with such experts 
        as may have appropriate training and experience in the matters 
        subject to such duties.
            (3) The Secretary shall monitor compliance with the 
        requirements of section 2.
            (4) The Secretary shall recommend to the Attorney General 
        such enforcement actions as may be appropriate.
    (b) Injunction.--
            (1) The district courts of the United States shall have 
        jurisdiction over civil actions brought to restrain violations 
        of section 2. Such a civil action may be brought in the United 
        States district court for the judicial district in which any 
        substantial portion of the violation occurred or in which the 
        defendant is found or transacts business. In such a civil 
        action, process may be served on a defendant in any judicial 
        district in which the defendant resides or may be found and 
        subpoenas requiring attendance of witnesses in any such action 
        may be served in any judicial district.
            (2) Any interested organization may bring a civil action 
        described in paragraph (1). If such an organization 
        substantially prevails in such an action, the court may award 
        it reasonable attorney's fees and expenses. For purposes of 
        this paragraph, the term ``interested organization'' means any 
        nonprofit organization one of whose purposes, and a substantial 
        part of its activities, include the reduction in the use of 
        tobacco products.
    (c) Civil Penalty.--Any person who manufactures, packages, or 
distributes any smokeless tobacco product in violation of section 2 
shall be subject to a civil penalty of not more than $100,000 for each 
violation per day.

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