[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3614 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3614

To prescribe labels for packages and advertising for tobacco products, 
to restrict the advertising and promotion of tobacco products, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 22, 1993

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

_______________________________________________________________________

                                 A BILL


 
To prescribe labels for packages and advertising for tobacco products, 
to restrict the advertising and promotion of 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 ``Tobacco Education and Child 
Protection Act''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to assure that accurate information 
on the adverse health effects of tobacco use are displayed on tobacco 
product packaging, advertising, and promotion in an effective means 
that will assist--
            (1) adolescents who are tempted to start using tobacco 
        products,
            (2) adolescents who are experimenting with tobacco and are 
        not yet addicted to tobacco, and
            (3) adults and adolescents who are considering quitting,
to reduce serious risks to their health.

SEC. 3. FINDINGS.

    The Congress finds the following:
            (1) Tobacco products are the largest preventable cause of 
        illness and premature death in the United States.
            (2) Tobacco is a uniquely harmful product in that it is the 
        only product which kills when used as intended.
            (3) Cigarettes and smokeless tobacco products are 
        powerfully addictive because they contain nicotine which is a 
        poisonous, addictive drug.
            (4) The vast majority of new smokers are teenagers or 
        younger, and children are beginning to smoke today at a younger 
        age than ever before.
            (5) In 1990, the Office of Technology Assessment estimated 
        that the United States health care system spent an estimated 
        $21,000,000,000 to treat diseases caused by tobacco use, of 
        which the Federal Government paid about $6,300,000,000, while 
        lost productivity costs due to smoking related illness and 
        premature death were $47,000,000,000.
            (6) In 1993 the tobacco industry will spend over 
        $4,000,000,000 on advertising and promotion to attract new 
        users, retain current users, increase current consumption, and 
        generate favorable long-term attitudes toward smoking and 
        tobacco use.
            (7) The Federal Government has a substantial interest in 
        ensuring that those who do not use tobacco products are not 
        encouraged to use them and those who use tobacco products are 
        discouraged from continuing their use.
            (8) A failure to provide adequate and complete health 
        warnings and labeling information to fully inform consumers 
        about the risks and dangers of tobacco use is misleading.
            (9) Health warnings on cigarette packages have not been 
        updated since 1984 and do not fully reflect current scientific 
        knowledge on the adverse health effects of tobacco use.
            (10) The display format of tobacco health warnings can be 
        more effective as a vehicle for promoting public knowledge of 
        the health risks.
            (11) Health warnings are most effective when directed at 
        those people who are tempted to try smoking, who are 
        experimenting with smoking, or who are considering a decision 
        to quit smoking.
            (12) Health warnings will be most effective when they are 
        present each time the opportunity to use a tobacco product 
        occurs and each time tobacco products are promoted and 
        advertised.
            (13) Health warnings must be displayed on all materials 
        that bear a tobacco product brand name or logo because a 
        growing percentage of tobacco advertising expenses have been 
        shifted to activities that are not presently required to 
        display Federal health warnings.
            (14) Changes in warning format and revisions in the text of 
        health warnings further the Federal government's commitment to 
        reduce tobacco related disease and are a low cost means of 
        enhancing the effectiveness of other tobacco reduction 
        programs.

SEC. 4. PRODUCT PACKAGE LABELING.

    (a) In General.--
            (1) Cigarettes.--It shall be unlawful for any person to 
        manufacture, package, or distribute for sale within the United 
        States any cigarettes unless the cigarette package bears, in 
        accordance with the requirements of this section, one of the 
        following warning labels:
                SURGEON GENERAL'S WARNING: Cigarettes Can Kill You
                SURGEON GENERAL'S WARNING: Cigarettes Cause Lung Cancer 
                and Emphysema
                SURGEON GENERAL'S WARNING: Cigarettes Are a Leading 
                Cause of Infant Mortality
                SURGEON GENERAL'S WARNING: Cigarettes Cause Heart 
                Disease and Stroke
                SURGEON GENERAL'S WARNING: This Product Contains 
                Nicotine, an Addicting Drug
                SURGEON GENERAL'S WARNING: Quitting Cigarettes Will 
                Improve Athletic Performance
                SURGEON GENERAL'S WARNING: Smoking During Pregnancy Can 
                Harm Your Baby
                SURGEON GENERAL'S WARNING: Cigarette Smoke Can Be 
                Harmful to Child Development
                SURGEON GENERAL'S WARNING: Smoke From These * 
                Cigarettes Can Cause Cancer in Nonsmokers.
        For purposes of the last warning in the preceding sentence, * 
        denotes the name of the brand of cigarettes required to bear 
        such label.
            (2) Spit tobacco product.--It shall be unlawful for any 
        person to manufacture, package, or distribute for sale within 
        the United States any spit tobacco product unless the product 
        package bears, in accordance with the requirements of this 
        section, one of the following warning labels:
                SURGEON GENERAL'S WARNING: Spit Tobacco Can Cause Mouth 
                Cancer
                SURGEON GENERAL'S WARNING: Spit Tobacco Is Not a Safe 
                Alternative to Cigarettes
                SURGEON GENERAL'S WARNING: This Product Contains 
                Nicotine, an Addicting Drug.
                SURGEON GENERAL'S WARNING: Use of * Spit Tobacco Can 
                Cause Gum Disease and Tooth Loss
        For purposes of the last warning in the preceding sentence, * 
        denotes the name of the brand of spit tobacco required to bear 
        such label.
    (b) Label Format.--
            (1) In general.--The warning labels required by subsection 
        (a) shall--
                    (A) appear on the top of the 2 most prominent sides 
                of the product package on which the label is required,
                    (B) be in a size which is not less than 25 percent 
                of the side on which the label is placed,
                    (C) appear in white letters on black backing or in 
                black letters on white backing, whichever is more 
                conspicuous and prominent in contrast to the color of 
                the package, except that the words ``SURGEON GENERAL'S 
                WARNING'' shall appear in bright red letters,
                    (D) be in a rectangular shape enclosed in a border 
                of color contrasting to the color of the backing 
                prescribed by subparagraph (C) and to the predominant 
                color of the package, and
                    (E) include letters in a height, thickness, and 
                type face which assures that the letters in the space 
                provided for the statement will be no less legible, 
                prominent, and conspicuous than the most legible, 
                prominent, and conspicuous typeface, typography, and 
                size of other matter printed on the side of the package 
                on which the label statement appears.
            (2) Label requirement for other products.--Any non-tobacco 
        product--
                    (A) which bears the name of a tobacco product brand 
                or brand family or which uses a color or color 
                combination, logo, or symbol associated with a tobacco 
                product brand or brand family in its packaging, 
                advertising, or promotion, and
                    (B) the production or marketing of which is 
                substantially controlled by the manufacturer of the 
                tobacco product referenced on the non-tobacco product,
        shall incorporate, in its packaging, advertising, and 
        promotion, any label which is required for the packaging of the 
        tobacco product which is referenced.
    (c) Rotation.--The warning labels required by subsection (a) shall 
be rotated by each manufacturer of cigarettes and spit tobacco products 
on each brand of cigarettes and spit tobacco products in accordance 
with a plan approved for the manufacturer by the Secretary. Each such 
plan shall provide for an approximately even distribution of the labels 
among the packages of a brand of the cigarettes and spit tobacco 
products of each manufacturer each year.

SEC. 5. LABELING IN ADVERTISING.

    (a) In General.--
            (1) Cigarette advertising.--It shall be unlawful for any 
        person to manufacture, package, or distribute for sale within 
        the United States any brand of cigarettes unless the 
        advertising for such brand bears the warning label required for 
        cigarettes by section 4(a)(1).
            (2) Spit tobacco.--It shall be unlawful for any person to 
        manufacture, package, or distribute for sale within the United 
        States any spit tobacco product unless the advertising for such 
        product bears the warning label required for spit tobacco 
        products by section 4(a)(2)).
    (b) Format.--
            (1) Warning labels.--The warning label required by 
        subsection (a) for advertising shall--
                    (A) appear in white letters on black backing or in 
                black letters on white backing, whichever is most 
                prominent relative to the color of the advertisement, 
                except that the words ``SURGEON GENERAL'S WARNING'' 
                shall appear in bright red letters,
                    (B) be in a rectangular shape which occupies 25 
                percent of the space of each advertisement and which is 
                located at the top of the advertisement and enclosed in 
                a border of color contrasting to the color of the 
                backing prescribed by subparagraph (A) and to the 
                predominant color of the advertisement of the tobacco 
                product being advertised, and
                    (C) include letters in a type face and size which, 
                within the space limitation prescribed by subparagraph 
                (B), assure that the letters in the statement will be 
                no less legible, prominent, or conspicuous than the 
                most legible, prominent, and conspicuous typeface, 
                typography, and size of other matter printed on the 
                advertisement.
            (2) Billboards with lighting.--The warning label on 
        billboards which use artificial lighting shall be no less 
        visible than other printed matter on the billboard when the 
        lighting is in use.
    (c) Rotation.--
            (1) Non-billboard advertising.--Warning labels on 
        advertising (other than billboard advertising) shall be rotated 
        quarterly in alternating sequence for each brand of cigarettes 
        or spit tobacco product manufactured by the manufacturer or 
        imported by the importer in accordance with a plan submitted by 
        the manufacturer or importer and approved by the Secretary.
            (2) Billboards.--Warning labels on advertising displayed on 
        billboards shall be rotated annually or whenever the 
        advertisement is changed, whichever occurs first.

SEC. 6. ADVERTISING AND PROMOTION REQUIREMENTS.

    (a) Advertising.--It shall be unlawful for any person to 
manufacture, package, or distribute for sale within the United States 
any tobacco product unless the advertising for such tobacco product 
conforms with the following requirements:
            (1) Audio tape, audio discs, videotape, and film.--No 
        tobacco product may be advertised on any audio tape, audio 
        disc, videotape, video arcade game, or film.
            (2) Location.--No tobacco product advertisement shall be 
        located--
                    (A) in or on a sports stadium or other sports 
                facility or any other facility where sporting activity 
                is performed, or
                    (B) within 2,000 feet of any school which students 
                under the age of 18 years of age regularly attend.
            (3) Content.--
                    (A) In general.--Except as provided in subparagraph 
                (B), no tobacco advertisement or package label shall 
                contain any representation with respect to health or 
                safety, including representations concerning the level 
                of or removal, reduction, or addition of ingredients, 
                tar, nicotine, carbon monoxide, or filters or any other 
                mechanism, device, or constituent.
                    (B) Exception.--A tobacco advertisement tobacco 
                product package label may contain a representation 
                described in subparagraph (A) if--
                            (i) the Secretary has determined by 
                        regulation that such representation is 
                        significant in terms of affecting health and 
                        safety and is based upon significant scientific 
                        agreement, and
                            (ii) such representation is presented in 
                        such form as the Secretary may by regulation 
                        prescribe.
    (b) Promotion.--It shall be unlawful for any person to manufacture, 
package, or distribute for sale within the United States any tobacco 
product unless the promotion for such tobacco product conforms with the 
following requirements:
            (1) Distribution.--No tobacco product may be distributed or 
        caused to be distributed as a free sample.
            (2) Vending machine.--No tobacco product may be sold or 
        distributed through a vending machine unless the machine is 
        located in a facility which prohibits entry to all individuals 
        under age 18 and which displays a health warning pursuant to 
        regulations of the Secretary which assure prominence equivalent 
        to that required by section 5(b)(1).
            (3) Sponsorship.--No athletic, music, artistic, or other 
        event may be sponsored or caused to be sponsored in the name of 
        a tobacco product trademark or in a manner so that a tobacco 
        product trademark is publicly identified as a sponsor of, or in 
        any way associated with, such an event unless the Secretary has 
        approved a plan for the simultaneous dissemination of health 
        information at such event in the same proportion or prominence 
        as the sponsor has sponsored such event.
            (4) Appearance with entertainment.--To pay or cause to be 
        paid to have any tobacco product or any tobacco product 
        trademark appear in any movie, music video, television show, 
        play, video arcade game, or other form of entertainment.
            (5) Sports equipment.--No tobacco product trademark may 
        appear on any vehicle, boat, or other equipment or clothing 
        used in sports unless such equipment or clothing displays a 
        health warning pursuant to regulations of the Secretary which 
        assure prominence equivalent to that required by section 
        5(b)(1).

SEC. 7. AUTHORITY TO REVISE HEALTH WARNINGS.

    The Secretary may by regulation revise any health warning required 
by section 4 or 5 and the format for the display of such warning if the 
Secretary finds that such revision would promote greater understanding 
of the risks of tobacco.

SEC. 8. ENFORCEMENT.

    (a) In General.--
            (1) The Secretary shall issue such regulations as may be 
        appropriate for the implementation of this Act. The Secretary 
        shall issue proposed regulations for such implementation within 
        180 days of the date of the enactment of this Act. Not later 
        than 180 days after the date of the publication of such 
        proposed regulations, the Secretary shall issue final 
        regulations for such implementation. If the Secretary does not 
        issue such final regulations before the expiration of such 180 
        days, the proposed regulations shall become final and the 
        Secretary shall publish a notice in the Federal Register about 
        the new status of the proposed regulations.
            (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 this Act.
            (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 sections 4, 5, 6, 7, and 8. 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 promotion of public health 
        through reduction in the use of tobacco products.
    (c) Civil Penalty.--Any person who manufactures, packages, 
distributes, or advertises a tobacco product in violation of section 4, 
5, 6, 7, or 8 shall be subject to a civil penalty of not more than 
$100,000 for each violation per day.

SEC. 9. PREEMPTION.

    (a) Federal Action.--No statement relating to the use of a tobacco 
product and health effects, other than a statement required by or under 
this Act, shall be required by any Federal agency to appear on any 
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 effects, 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 (15 U.S.C. 
1331 et seq.), or the Comprehensive Smokeless Tobacco Health Education 
Act of 1986 (15 U.S.C. 4401 et seq.) shall not relieve any person from 
liability to any other person at common law or under State statutory 
law.

SEC. 10. DEFINITIONS.

    As used in this Act:
            (1) The term ``advertisement'' means--
                    (A) all newspapers and magazine advertisements and 
                advertising inserts, billboards, posters, signs, 
                decals, banners, matchbook advertising, point-of-
                purchase display material and all other written or 
                other material used for promoting the sale or 
                consumption of tobacco products to consumers,
                    (B) advertising promotion allowances,
                    (C) utilitarian items,
                    (D) any reference to the brand name of a tobacco 
                product, and
                    (E) any other means used to promote the 
                identification or purchase of tobacco products.
            (2) The term ``brand'' means a variety of tobacco products 
        distinguished by the tobacco used, tar and nicotine content, 
        flavoring used, size of the tobacco product, filtration, or 
        packaging.
            (3) The term ``cigarette'' means--
                    (A) any roll of tobacco wrapped in paper or in any 
                substance not containing tobacco which is to be burned,
                    (B) any roll of tobacco wrapped in any substance 
                containing tobacco which, because of its appearance, 
                the type of tobacco used in the filler, or its 
                packaging and labeling is likely to be offered to, or 
                purchased by consumers as a cigarette described in 
                subparagraph (A),
                    (C) little cigars which are any roll of tobacco 
                wrapped in leaf tobacco or any substance containing 
                tobacco (other than any roll of tobacco which is a 
                cigarette within the meaning of subparagraph (A)) and 
                as to which one thousand units weigh not more than 3 
                pounds, and
                    (D) loose rolling tobacco and papers or tubes 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 retailer 
        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 becoming a component or 
        otherwise affecting the characteristics of any tobacco product.
            (7) The term ``representation'' means any statement, 
        reference, or claim which is (A) expressed or implied, (B) 
        direct or indirect, or (C) oral, written, or printed or in 
        graphic form or in any combination of such forms.
            (8) The term ``Secretary'' means the Secretary of Health 
        and Human Services.
            (9) The term ``spit tobacco'' means any finely cut, ground, 
        powdered, or leaf tobacco that is intended to be placed in the 
        oral cavity.
            (10) The term ``tobacco product'' means--
                    (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 spit tobacco, 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 another person and to indicate the 
        source of the goods.
            (12) The term ``United States'' includes the States and 
        installations of the Armed 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 Commonwealth of 
        Puerto Rico, the Northern Mariana Islands, the Virgin Islands, 
        American Samoa, and the Trust Territory of the Pacific Islands.

SEC. 11. EFFECTIVE DATES AND CONFORMING AMENDMENTS.

    (a) Effective Dates.--This Act shall take effect on the date of the 
enactment of this Act, except that
            (1) sections 4, 5, and 6 shall take effect one year after 
        the date of the enactment of this Act,
            (3) section 7 shall take effect 3 years after the date of 
        the enactment of this Act.
    (b) Conforming Amendments.--Effective one year from the date of the 
enactment of this Act, the Federal Cigarette Labeling and Advertising 
Act (other than sections 6, 9, 10, and 11) (15 U.S.C. 1331 et seq.) and 
the Comprehensive Smokeless Tobacco Health Education Act of 1986 (other 
than sections 1, 2, 3(f), and 8) (15 U.S.C. 4401 et seq.) are repealed.

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HR 3614 IH----2