[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1421 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1421

             To impose restrictions on the sale of cigars.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 1999

  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 cigar smokers 
        increase their risk of pulmonary heart disease by 27 percent 
        and coronary heart disease by 45 percent.
            (3) Cigar use in the United States has risen dramatically 
        by nearly 50 percent over the last 5 years. Premium cigar sales 
        have tripled in the same time period.
            (4) 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), 80 to 90 times more nitrosamines (a highly carcinogenic 
        tobacco-specific agent), 2 to 3 times more tar, and 9 to 12 
        times more nicotine.

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 Chairman of the Federal Trade 
        Commission 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 and 
the Chairman of the Federal Trade Commission 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 
Chairman of the Federal Trade Commission, 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 Chairman of 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 Chairman of 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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