[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 527 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 527

To prescribe labels for packages and advertising for tobacco products, 
   to provide for the disclosure of certain information relating to 
               tobacco products, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 8, 1997

Mr. Lautenberg (for himself, Mr. Durbin, Mr. Harkin, Mr. Wellstone, and 
 Mr. Kennedy) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To prescribe labels for packages and advertising for tobacco products, 
   to provide for the disclosure of certain information relating to 
               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 Disclosure and Warning Act 
of 1997''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Tobacco products are the largest preventable cause of 
        illness and premature death, responsible for one of every 5 
        deaths 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 spit tobacco products are powerfully 
        addictive because they contain nicotine which is a poisonous, 
        addictive drug.
            (4) Tobacco-related addiction is a pediatric disease. 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) The United States health care system spends an 
        estimated $50 billion a year to treat diseases caused by 
        tobacco use. In addition, the United States economy loses $50 
        billion a year from lost productivity due to tobacco-related 
        illnesses and premature death.
            (6) The nicotine in tobacco products is responsible for the 
        addiction of up to one half of all children who experiment with 
        tobacco.
            (7) More than 3,000 children begin smoking each day. An 
        estimated 1,000 of them will die from a tobacco-related 
        illness.
            (8) Tobacco manufacturers manipulate the levels and 
        presence of the drug nicotine in their products with the intent 
        to cause and sustain addiction in consumers.
            (9) In 1997 the tobacco industry will spend over $5 billion 
        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.
            (10) 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.
            (11) 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.
            (12) 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.
            (13) The display format of tobacco health warnings can be 
        more effective as a vehicle for promoting public knowledge of 
        the health risks.
            (14) 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.
            (15) 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.
            (16) 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. 3. 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 at an internet site,
                    (C) advertising promotion allowances,
                    (D) the appearance on any item (other than 
                cigarettes or other tobacco products) of the brand name 
                (alone or in conjunction with any other word), logo, 
                symbol, motto, selling message, recognizable color or 
                pattern of colors, or any other indicia of product 
                identification identical or similar to, or identifiable 
                with, those used for any brand of cigarettes or other 
                tobacco products,
                    (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, the 
        components of the tar, nicotine, and carbon monoxide or any 
        other component designated by the Secretary.
            (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 use of 
        which results, or may reasonably be expected to result, 
        directly or indirectly, in its becoming a component of any 
        tobacco product, including any component of the paper or filter 
        of such product.
            (7) The term ``package'' means a pack, box, carton, or 
        other container of any kind in which cigarettes or other 
        tobacco products are offered for sale, sold, or otherwise 
        distributed to customers.
            (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 ``tar'' means the particulate matter from 
        tobacco smoke minus water and nicotine.
            (11) 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.
            (12) 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.
            (13) The term ``United States'' includes the States and 
        installations of the Armed Forces of the United States located 
        outside a State.
            (14) 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. 4. PRODUCT PACKAGE LABELING.

    (a) In General.--
            (1) Cigarettes.--
                    (A) Warnings.--It shall be unlawful for any person 
                to manufacture, import, 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:
                        WARNING: Cigarettes Kill
                        WARNING: Cigarettes Cause Lung Cancer and 
                        Emphysema
                        WARNING: Cigarettes Cause Infant Death
                        WARNING: Cigarettes Cause Heart Attacks and 
                        Stroke
                        WARNING: Cigarettes Are Addictive
                        WARNING: Nicotine Is An Addictive Drug
                        WARNING: Cigarette Smoking Harms Athletic 
                        Performance
                        WARNING: Smoking During Pregnancy Can Harm Your 
                        Baby
                        WARNING: Cigarette Smoke Is Harmful to Children
                        WARNING: Smoke From * 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.
                    (B) Ingredients and constituents.--It shall be 
                unlawful for any person to manufacture, import, 
                package, or distribute for sale within the United 
                States any cigarettes unless the cigarette package 
                contains a package insert, in accordance with the 
                requirements of this section, the ingredients and 
                constituents of the cigarettes which were reported to 
                the Secretary under section 7 and which the Secretary 
                determines should be made public.
                    (C) Package insert.--
                            (i) In general.--It shall be unlawful for 
                        any person to manufacture, import, package, or 
                        distribute for sale within the United States 
                        any cigarettes unless the cigarette package 
                        includes a package insert, prepared in 
                        accordance with guidelines established by the 
                        Secretary by regulation, on the carcinogens and 
                        other substances posing a risk to human health 
                        contained in the ingredients and constituents 
                        of the cigarettes in such package.
                            (ii) Regulations.--The Secretary shall 
                        issue regulations requiring the package insert 
                        required by clause (i) to provide the 
                        information required by such clause (including 
                        carcinogens and other dangerous substances) in 
                        a prominent, clear fashion and a detailed list 
                        of the ingredients and constituents.
            (2) Spit tobacco product.--
                    (A) Warnings.--It shall be unlawful for any person 
                to manufacture, import, 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:
                        WARNING: Spit Tobacco Causes Mouth Cancer
                        WARNING: Spit Tobacco Is Not a Safe Alternative 
                        to Cigarettes
                        WARNING: Spit Tobacco Is Addictive
                        WARNING: Nicotine Is An Addictive Drug
                        WARNING: Use of * Spit Tobacco Can Cause Gum 
                        Disease
                        WARNING: Use of * Spit Tobacco Can Cause 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) Ingredients and constituents.--It shall be 
                unlawful for any person to manufacture, import, 
                package, or distribute for sale within the United 
                States any spit tobacco unless the spit tobacco package 
                bears, in accordance with the requirements of this 
                section, the ingredients and constituents of the spit 
                tobacco which were reported to the Secretary under 
                section 7 and which the Secretary determines should be 
                made public.
            (3) Other tobacco products.--
                    (A) Warnings.--It shall be unlawful for any person 
                to manufacture, import, package, or distribute for sale 
                within the United States any tobacco product, other 
                than cigarettes or spit tobacco, unless the product 
                package bears, in accordance with the requirements of 
                this section, one of the following warning labels:
                        WARNING: Tobacco Kills
                        WARNING: Tobacco Causes Lung Cancer and 
                        Emphysema
                        WARNING: Tobacco Causes Infant Death
                        WARNING: Tobacco Causes Heart Attacks and 
                        Stroke
                        WARNING: Tobacco Is Addictive
                        WARNING: Nicotine Is An Addictive Drug
                        WARNING: Tobacco Harms Athletic Performance
                        WARNING: Tobacco Use During Pregnancy Can Harm 
                        Your Baby
                        WARNING: Tobacco Smoke Is Harmful to Children
                        WARNING: Tobacco Smoke Can Cause Cancer in 
                        Nonsmokers
                    (B) Ingredients and constituents.--It shall be 
                unlawful for any person to manufacture, import, 
                package, or distribute for sale within the United 
                States any tobacco product subject to subparagraph (A) 
                unless the tobacco product package bears, in accordance 
                with the requirements of this section, the ingredients 
                and constituents of the tobacco product which were 
                reported to the Secretary under section 7 and which the 
                Secretary determines should be made public.
    (b) Label Format.--
            (1) In general.--The warning labels required by paragraphs 
        (1)(A), (2), and (3) of subsection (a) shall--
                    (A) appear on the top of the 2 most prominent sides 
                of the product package on which the label is required 
                and 1 label shall be in Spanish,
                    (B) be in a size which is not less than 33 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 ``WARNING'' shall 
                appear in bright red letters and if the package does 
                not have any color, the words ``WARNING'' shall be in 
                black or white as prescribed by this subparagraph and 
                shall be boldly underlined with a black or white 
                underlining,
                    (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) Format for other cigarette labels.--The label required 
        by paragraph (1)(B) of subsection (a) shall appear on the 
        package in such style and format as the Secretary may by 
        regulation prescribe.
    (c) Rotation.--The warning labels required by paragraphs (1)(A) and 
(2) of 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, import, 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)(A).
            (2) Spit tobacco.--It shall be unlawful for any person to 
        manufacture, import, 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)).
            (3) Other tobacco products.--It shall be unlawful for any 
        person to manufacture, import, package, or distribute for sale 
        within the United States any tobacco product, other than 
        cigarettes or spit tobacco, unless the advertising for such 
        product bears the warning label required for such product by 
        section 4(a)(3)).
    (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 word ``WARNING'' shall appear in bright 
                red letters and in a advertisement without color 
                ``WARNING'' shall be in black or white as prescribed by 
                this subparagraph and shall be boldly underlined with a 
                black or white underlining,
                    (B) be in a rectangular shape which occupies 33 
                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,
                    (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, and
                    (D) be in the same language as the text of the 
                advertising in which it appears.
            (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. AUTHORITY TO REVISE HEALTH WARNINGS.

    The Secretary may by regulation revise any health warning required 
by section 4(a)(1)(A), 4(a)(2), or 4(a)(3) 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. 7. TOBACCO PRODUCT INGREDIENTS AND CONSTITUENTS.

    (a) General Rule.--Each person which manufactures, packages, or 
imports into the United States any tobacco product shall annually 
report, in a form and at a time specified by the Secretary by 
regulation--
            (1) the identity of any added constituent of the tobacco 
        product other than tobacco, water, or reconstituted tobacco 
        sheet made wholly from tobacco, and
            (2) the nicotine, tar, and carbon monoxide yield ratings 
        which shall accurately predict the nicotine, tar, and carbon 
        monoxide intake from such tobacco product for average consumers 
        based on standards established by the Secretary by regulation,
if such information is not information which the Secretary determines 
to be trade secret or confidential information subject to section 
552(b)(4) of title 5, United States Code, and section 1905 of title 18, 
United States Code. The constituents identified under paragraph (1) 
shall be listed in descending order according to weight, measure, or 
numerical count. If any of such constituents is carcinogenic or 
otherwise poses a risk to human health, as determined by the Secretary, 
such information shall be included in the report.
    (b) Public Dissemination.--The Secretary shall review the 
information contained in each report submitted under subsection (a) and 
if the Secretary determines that such information directly affects the 
public health, the Secretary shall require that such information be 
included in a label under sections 4(a)(1)(B), 4(a)(2)(B), and 
4(a)(3)(B).
    (c) Other Sources of Information.--The Secretary shall establish a 
toll-free telephone number and a site on the Internet which shall make 
available additional information on the ingredients of tobacco 
products, except information which the Secretary determines to be trade 
secret or confidential information subject to section 552(b)(4) of 
title 5, United States Code, and section 1905 of title 18, United 
States Code.

SEC. 8. ENFORCEMENT.

    (a) In General.--
            (1) The Secretary shall carry out the Secretary's duties 
        under this Act through the Commissioner of Food and Drugs.
            (2) 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.
            (3) 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.
            (4) The Secretary shall monitor compliance with the 
        requirements of this Act.
            (5) 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 and 5. 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 
or 5 shall be subject to a civil penalty of not more than $100,000 for 
each violation per day.

SEC. 9. LIABILITY.

    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. 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 7 shall take effect one year after 
        the date of the enactment of this Act,
            (3) section 6 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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