[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2625 Introduced in Senate (IS)]

  2d Session
                                S. 2625

             To impose restrictions on the sale of cigars.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             October 12 (legislative day, October 2), 1998

  Mr. Durbin introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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 Not A Safe Smoking 
Alternative Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (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 
        by nearly 50 percent over the last 5 years. Small cigar 
        consumption has increased by an estimated 13 percent, large 
        cigar consumption has increased by an estimated 68 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 as much of the highly 
        carcinogenic 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.--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 years of age 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 years.
    (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, on cigar boxes or other packaging, and on advertising 
and marketing materials and messages 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 1 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 1 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.
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