[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 762 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 762

     To restrict the advertising and promotion of tobacco products.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 1997

    Mr. Hansen (for himself, Mr. Meehan, Mr. Ehlers, Ms. Furse, Mr. 
  McInnis, and Mr. Kennedy of Massachusetts) introduced the following 
bill; which was referred to the Committee on Commerce, and in addition 
  to the Committee on the Judiciary, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To restrict the advertising and promotion of tobacco products.

    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 ``Youth Protection From Tobacco 
Addiction Act of 1997''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Cigarette smoking and tobacco use account for 
        approximately 450,000 deaths each year in the United States.
            (2) Cigarette smoking accounts for approximately 
        $65,000,000,000 each year in lost productivity and health care 
        costs.
            (3) Tobacco products are as addictive as cocaine and 
        heroin.
            (4) Each day in the United States, approximately 3,000 
        children try their first cigarette, many of whom will become 
        addicted and will die prematurely.
            (5) The tobacco industry spends over $6,000,000,000 each 
        year to promote and advertise its products using images of 
        sexual attraction, sophistication, athletic abilities, and good 
        health.
            (6) The present advertising and promotional themes used by 
        the tobacco industry strongly influence youth tobacco use and 
        it is in the Government's interests to prohibit tobacco 
        advertising and promotion to discourage the use of tobacco by 
        the Nation's youth.
            (7) In spite of the well established and well known dangers 
        of tobacco products, the tobacco industry has for years denied 
        that their products cause disease or are addictive.
            (8) Of adult smokers, 82 percent smoked their first 
        cigarette before the age of 18. Of young people who become 
        regular smokers, 70 percent regret their decision to smoke.
            (9) Voluntary agreements with the tobacco industry, which 
        have been attempted for more than 30 years, have been shown to 
        be ineffective.

SEC. 3. LIMITATIONS ON TOBACCO ADVERTISING, PROMOTION, AND PACKAGING.

    (a) Advertising.--It shall be unlawful for any manufacturer, 
packer, distributor, importer, or seller of tobacco products in or 
affecting commerce to advertise or cause to be advertised any tobacco 
product.
    (b) Promotion.--It shall be unlawful to--
            (1) distribute any tobacco product as a free sample or to 
        make any tobacco product available at no cost as the result of 
        coupons or other method which allows tobacco products to be 
        obtained for free or for reduced cost;
            (2) sponsor or cause to be sponsored any athletic, music, 
        artistic, or other event in the name of a registered brand 
        name, logo, or symbol of a tobacco product or in a manner so 
        that a registered brand name, logo, or symbol of a tobacco 
        product is publicly identified as a sponsor of or in any way 
        associated with such an event, except if the registered brand 
        name is also the name of the corporation which manufactures the 
        tobacco product and both the registered brand and the 
        corporation were in existence prior to January 1, 1996;
            (3) market or cause to be marketed nontobacco products or 
        services which bear the name of a registered brand name, logo, 
        symbol of a tobacco product, except if the registered brand 
        name is also the name of the corporation which manufactures the 
        tobacco product and both the registered brand and the 
        corporation were in existence prior to January 1, 1996;
            (4) pay or cause to be paid to have any tobacco product or 
        the registered brand name, logo, or symbol of any tobacco 
        product appear in any movie, television show, play, video 
        arcade game, or other form of entertainment, except if the 
        registered brand name is also the name of the corporation which 
        manufactures the tobacco product and both the registered brand 
        and the corporation were in existence prior to January 1, 1996; 
        and
            (5) pay or cause to be paid to have the registered brand 
        name, logo, or symbol of any tobacco product appear on any toy 
        commonly used by persons under the age of 18, or on any 
        vehicle, boat, or other equipment used in sports, or on a 
        sports stadium or other sports facility or any other facility 
        where sporting activity is regularly performed, except if the 
        registered brand name is also the name of the corporation which 
        manufactures the tobacco product and both the registered brand 
        and the corporation were in existence prior to January 1, 1996.
    (c) Tobacco Product Packages.--It shall be unlawful for any person 
to manufacture, package, distribute, or import for sale or distribution 
within the United States any tobacco product the package of which fails 
to comply with the following requirements:
            (1) No human figure or facsimile thereof, no brand name 
        logo or symbol, and no picture shall be used in or as part of 
        any tobacco product package.
            (2) The print on any tobacco product package shall be black 
        on a white background.

SEC. 4. ENFORCEMENT.

    (a) Injunction.--The district courts of the United States shall 
have jurisdiction over civil actions brought to restrain violations of 
section 3. Such a civil action may be brought in the United States 
district court for the judicial district in which 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.
    (b) Misbranding.--Any tobacco product which is advertised, 
promoted, or packaged in violation of section 3 shall be considered a 
misbranded drug under the Federal Food, Drug, and Cosmetic Act.

SEC. 5. DEFINITIONS.

    As used in section 3:
            (1) The term ``tobacco product'' means--
                    (A) cigarettes and little cigars as defined in 
                section 3 of the Federal Cigarette Labeling and 
                Advertising Act (15 U.S.C. 1332);
                    (B) cigars as defined in section 5702 of the 
                Internal Revenue Code of 1954;
                    (C) pipe tobacco and loose rolling tobacco;
                    (D) smokeless tobacco as defined in section 9(1) of 
                the Comprehensive Smokeless Tobacco Health Education 
                Act of 1986; and
                    (E) any other form of tobacco intended for human 
                consumption.
            (2) 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 (except price information), 
                and all other written or other material used for 
                promoting the sale or consumption of tobacco products 
                to consumers;
                    (B) advertising promotion allowances; and
                    (C) any other means used to promote the purchase of 
                tobacco products.

SEC. 6. AUTHORITY OF THE FEDERAL TRADE COMMISSION.

    Nothing in this Act shall be construed to limit or restrict the 
existing authority of the Federal Trade Commission with respect to 
tobacco products or promotion.

SEC. 7. AUTHORITY OF THE FOOD AND DRUG ADMINISTRATION.

    Nothing in this Act shall be construed to limit or restrict the 
existing or future authority of the Food and Drug Administration with 
respect to tobacco products or promotion.

SEC. 8. PREEMPTION.

    Nothing in this Act or section 5 of the Federal Cigarette Labeling 
and Advertising Act (15 U.S.C. 1332 et seq.) shall prevent any State or 
local government from regulating--
            (1) the location of any advertising for tobacco products 
        which is displayed within the geographic area governed by the 
        applicable State or local government, such as advertising on 
        billboards and on transit vehicles; and
            (2) the sale, distribution, or promotion of tobacco 
        products within the geographic area governed by the applicable 
        State or local government;
so long as such actions are consistent with and no less restrictive 
than requirements of this Act and the Federal Cigarette Labeling and 
Advertising Act.

SEC. 9. CONSTRUCTION.

    Nothing in this Act shall supersede, repeal, or modify any 
requirement of the Federal Cigarette Labeling and Advertising Act, as 
amended (15 U.S.C. 1332 et seq.) and the Comprehensive Smokeless 
Tobacco Health Education Act of 1986.

SEC. 10. EFFECTIVE DATE.

    This Act shall take effect 1 year from the date of enactment, 
except as follows:
            (1) Advertising on billboards which violates section 3 
        shall be prohibited effective 2 years after the date of 
        enactment.
            (2) The prohibition of sponsorship of any athletic, music, 
        artistic, or other event in the name of a registered brand 
        name, logo, or symbol of a tobacco product or in a manner so 
        that a registered brand name, logo, or symbol of a tobacco 
        product is publicly identified as a sponsor of or in any way 
        associated with such an event shall apply--
                    (A) in the case of events subject to contracts 
                which were entered into before the enactment of the 
                Act, 3 years after such date or after the termination 
                of the contract, whichever occurs first; and
                    (B) in the case of events subject to contracts and 
                contract renewals entered into on or after the date of 
                enactment of this Act, on such date.
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