[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4412 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H.R. 4412

             To impose restrictions on the sale of cigars.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 5, 1998

  Mr. Markey introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
             To impose restrictions on the sale of cigars.

    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 ``Cigars Are No Safe Alternative 
Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Available scientific evidence demonstrates that regular 
        cigar smoking causes cancer, including cancers of the lip, 
        tongue, mouth, throat, esophagus, larynx, and lung.
            (2) That same evidence demonstrates that heavy cigar 
        smokers and those who inhale deeply are at an increased risk of 
        coronary heart disease and can develop chronic lung diseases.
            (3) Cigar use in the United States has risen dramatically 
        over the last 5 years. Small cigar consumption has increased by 
        an estimated 13 percent, large cigar consumption has increased 
        by an estimated 70 percent, and premium cigar consumption has 
        increased by an estimated 250 percent.
            (4) Demographic evidence strongly suggests that most new 
        cigar users are teenagers and young males. Data from the 
        Centers for Disease Control and Prevention 1997 Youth Risk 
        Behavior Survey indicates that among high school students over 
        30 percent of the males and 10 percent of the females are 
        current cigar smokers.
            (5) Smoking cigars is not a safe alternative to smoking 
        cigarettes. Compared to a cigarette, a large cigar emits up to 
        20 times more ammonia, 5 to 10 times more cadmium (cancer 
        causing metal) and methylethylnitrosamine (cancer causing 
        agent), and up to 80 to 90 times more highly carcinogen-
        tobacco-specific-nitrosamines. Tar yields are 2 to 3 times 
        greater for a cigar than for a filter cigarette and nicotine 
        yields are 9 to 12 times greater for a cigar than for a filter 
        cigarette.

SEC. 3. PROHIBITION ON DISTRIBUTION TO YOUTH.

    (a) Distribution.--
            (1) General rule.--No person may sell or distribute a cigar 
        to any individual who is under the age of 18.
            (2) Location of products.--Except as provided in section 
        122(d), a retailer of cigars shall ensure that all cigars are 
        located in areas where customers do not have direct access to 
        the products.
            (3) Face-to-face transactions.--A cigar retailer may sell 
        cigars to the ultimate consumer only in a direct, face-to-face 
        exchange.
    (b) Marketing and Advertising.--
            (1) General rule.--The Secretary of Health and Human 
        Services shall impose such restrictions on the sale, 
        advertising, distribution, and marketing of cigars directed at 
        youth as may be appropriate to limit the sale of cigars to 
        individuals who are 18 or older.
            (2) Electronic media.--Cigars may not be advertised on 
        electronic media, including television, radio, and any other 
        form of electronic communication.
    (c) Sponsorship.--The Secretary of Health and Human Services shall 
encourage manufacturers of cigars to end the practice of paying for, or 
participating in, the placement of cigars in movies and on television 
where a substantial segment of the viewing audience is under the age of 
18.
    (d) Definition.--The term ``cigar'' means any roll of tobacco 
wrapped in leaf tobacco or in any substance containing tobacco, 
including small cigars that weigh less than 3 pounds per thousand and 
large cigars that weigh more than 3 pounds per thousand.

SEC. 4. HEALTH WARNINGS.

    The Secretary of Health and Human Services, acting through the Food 
and Drug Administration, shall require such health warnings on the 
labels of cigars and on cigar boxes or other packaging as may be 
appropriate to warn cigar users about the health risks presented by 
cigars.

SEC. 5. STUDIES AND REPORTS.

    (a) Secretary's Study.--
            (1) In general.--The Secretary of Health and Human Services 
        shall conduct a study--
                    (A) to determine the health effects of occasional 
                cigar smoking, nicotine dependence demonstrated by 
                cigar smokers, biological uptake of toxic and 
                carcinogenic constituents of cigars, and environmental 
                cigar smoke exposure; and
                    (B) to determine the yields of tar, nicotine, 
                carbon monoxide, and any other additive designated by 
                the Secretary in cigar smoke.
        Manufacturers of cigars shall report to the Secretary on the 
        yields of tar, nicotine, carbon monoxide, and any other 
        additive designated by the Secretary from cigars when smoked.
            (2) Report.--Not later than one year after the date of the 
        enactment of this Act, the Secretary of Health and Human 
        Services shall transmit a report to the President and to 
        Congress containing--
                    (A) findings from the cigar health and constituent 
                yield study required under paragraph (1); and
                    (B) such recommendations for legislation or 
                administrative actions as the Secretary deems 
                appropriate.
    (b) FTC Report.--Not later than one year after the date of the 
enactment of this Act and biennially thereafter, the Federal Trade 
Commission shall transmit a report to the President and to Congress 
containing--
            (1) a description of the current sales, advertising, and 
        marketing practices associated with cigars; and
            (2) such recommendations for legislation or administrative 
        actions as it deems appropriate.

SEC. 6. MONITORING TRENDS IN YOUTH ACCESS TO CIGARS.

    The Secretary of Health and Human Services, in consultation with 
the Federal Trade Commission and the Secretary of the Treasury, shall 
monitor trends in youth access to, and use of, cigars. If evidence 
suggests that cigars are inappropriately accessible to children and 
adolescents, or that smoking cigars is becoming an attractive 
alternative to smoking cigarettes for children and adolescents as a 
result of differential tax and regulatory treatment, sales and 
marketing practices of cigar manufacturers, changes in consumer tastes, 
or any other reason, the Secretary shall immediately notify Congress 
and make such recommendations for adjusting tax rates or other 
legislative or administrative action necessary to ensure that cigars 
cease to be an attractive alternative to cigarettes for children and 
adolescents.
                                 <all>