[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2125 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2125

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 29, 2000

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

_______________________________________________________________________

                                 A BILL


 
   To provide for the disclosure of certain information relating to 
 tobacco products and to prescribe labels for packages and advertising 
                          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 ``Smoker's Right to Know and Truth in 
Tobacco Labeling Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Advertisement.--The term ``advertisement'' means 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, and advertising 
        at an Internet site.
            (2) Brand.--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) Brand style.--The term ``brand style'' means a variety 
        of cigarettes distinguished by the tobacco used, tar and 
        nicotine content, flavoring used, size of the cigarette, 
        filtration on the cigarette, or packaging.
            (4) Carcinogen.--The term ``carcinogen'' means any agent 
        that is determined to be tumorigenic according to the National 
        Toxicology Program or the International Agency for Research on 
        Cancer, or that is otherwise known by the manufacturer to be 
        tumorigenic.
            (5) Cigar.--The term ``cigar'' means any roll of tobacco 
        wrapped in leaf tobacco or in any substance containing tobacco, 
        that weighs 3 pounds or more per thousand, and is not a 
        cigarette or little cigar.
            (6) Cigarette.--The term ``cigarette'' means--
                    (A) any roll of tobacco wrapped in paper or tobacco 
                leaf 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 or 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 1,000 units weigh not more than 3 pounds, 
                and
                    (D) loose rolling tobacco that, because of its 
                appearance, type, packaging, or labeling, is likely to 
                be offered to, or purchased by, consumers as tobacco 
                for making cigarettes.
            (7) Commerce.--The term ``commerce'' means--
                    (A) commerce between any State, the District of 
                Columbia, the Commonwealth of Puerto Rico, Guam, the 
                Virgin Islands, American Samoa, Wake Island, Midway 
                Islands, Kingman Reef, or Johnston Island and any place 
                outside thereof;
                    (B) commerce between points in any State, the 
                District of Columbia, the Commonwealth of Puerto Rico, 
                Guam, the Virgin Islands, American Samoa, Wake Island, 
                Midway Islands, Kingman Reef, or Johnston Island, but 
                through any place outside thereof; or
                    (C) commerce wholly within the District of 
                Columbia, Guam, the Virgin Islands, American Samoa, 
                Wake Island, Midway Islands, Kingman Reef, or Johnston 
                Island.
            (8) Constituent.--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.
            (9) Distributor.--The term ``distributor'' does not include 
        a retailer and the term ``distribute'' does not include retail 
        distribution.
            (10) Ingredient.--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.
            (11) Package.--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.
            (12) Person.--The term ``person'' means an individual, 
        partnership, corporation, or any other business or legal 
        entity.
            (13) Pipe tobacco.--The term ``pipe tobacco'' means any 
        loose tobacco that, because of its appearance, type, packaging, 
        or labeling, is likely to be offered to, or purchased by, 
        consumers as a tobacco product to be smoked in a pipe.
            (14) Sale or distribution.--The term ``sale or 
        distribution'' includes sampling or any other distribution not 
        for sale.
            (15) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (16) Smokeless tobacco.--The term ``smokeless tobacco'' 
        means any product that includes cut, ground, powdered, or leaf 
        tobacco that is intended to be placed in the oral or nasal 
        cavity.
            (17) State.--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.
            (18) Tar.--The term ``tar'' means the particulate matter 
        from tobacco smoke minus water and nicotine.
            (19) Tobacco product.--The term ``tobacco product'' means 
        any product made of or derived from tobacco leaf for human 
        consumption, including cigarettes, cigars, little cigars, loose 
        tobacco, smokeless tobacco, and pipe tobacco.
            (20) Trademark.--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.
            (21) United States.--The term ``United States'' includes 
        the States and installations of the Armed Forces of the United 
        States located outside a State.

SEC. 3. CIGARETTE PRODUCT PACKAGE LABELING; ADVERTISING WARNINGS.

    (a) Warning Labels.--
            (1) In general.--It shall be unlawful for any person to 
        manufacture, package, or import for sale or distribution within 
        the United States any cigarettes the package of which fails to 
        bear, in accordance with the requirements of this section, one 
        of the following label statements:
                WARNING: Cigarettes are addictive
                WARNING: Tobacco smoke can harm your children
                WARNING: Cigarettes cause fatal lung disease
                WARNING: Cigarettes cause cancer
                WARNING: Cigarettes cause strokes and heart disease
                WARNING: Smoking during pregnancy can harm your baby
                WARNING: Smoking can kill you
                WARNING: Tobacco smoke causes fatal lung disease in 
                non-smokers
                WARNING: Quitting smoking now greatly reduces serious 
                risks to your health
                WARNING: Smoking causes sexual dysfunction.
            (2) List of carcinogens.--
                    (A) In general.--It shall be unlawful for any 
                person to manufacture, package, or import for sale or 
                distribution in the United States any cigarettes the 
                package of which fails to bear, in accordance with the 
                requirements of this section, a statement that lists in 
                the manner and order as required by subparagraph (B) 
                certain carcinogens present in that cigarette brand's 
                ingredients or constituents.
                    (B) Statement required.--The statement required 
                under subparagraph (A) shall--
                            (i) be listed as follows:
                            ``CANCER-CAUSING AGENTS: The following 
                        cancer-causing agents are inhaled in this 
                        product's smoke: [list of carcinogens]'';
                            (ii) in the bracketed area in the statement 
                        described in clause (i), list carcinogens in 
                        the following categories that are present in 
                        that cigarette brand's ingredients or 
                        constituents in the following descending 
                        order--
                                    (I) inorganic compounds;
                                    (II) miscellaneous organic 
                                compounds;
                                    (III) aldehydes;
                                    (IV) carcinogenic tobacco-specific 
                                nitrosamines (TSNAs).
                                    (V) volatile nitrosamines; and
                                    (VI) if any other carcinogens are 
                                present, state the following: ``and 
                                other carcinogens''; and
                            (iii) display, in bold print, the 
                        percentage of any carcinogen listed in clause 
                        (ii) relative to the average of such 
                        concentration of such carcinogen in the sales 
                        weighted average of all cigarettes marketed in 
                        the United States.
            (3) Placement; typography.--
                    (A) Warning labels.--Each label statement required 
                by paragraph (1) shall be located in the upper portion 
                of the front and rear panels of the package, directly 
                on the package underneath the cellophane or other clear 
                wrapping. Each label statement shall comprise at least 
                the top 33 percent of the front and rear panels of the 
                package. The word ``WARNING'' shall appear in capital 
                letters and all text shall be in conspicuous and 
                legible 17-point bold, uncondensed, sans serif type. 
                Notwithstanding the preceding sentence, the point size 
                may be reduced when the longest line of text exceeds 16 
                typographic characters (letters and space), except that 
                such reduced point size may never be smaller than 15-
                point and at least 60 percent of the area involved 
                shall be occupied by the required text. The text shall 
                be black on a white background, or white on a black 
                background, in a manner that contrasts, by typography, 
                layout, or color, with all other printed material on 
                the package, in an alternating fashion under the plan 
                submitted under subsection (c)(4).
                    (B) List of carcinogens.--Each statement required 
                by paragraph (2) shall be located in the same place 
                that label statements were placed on cigarette packages 
                as of October 12, 1984. The text of the statement shall 
                be in conspicuous and legible 9-point uncondensed, sans 
                serif type and shall appear in a conspicuous and 
                prominent format on 1 side of the package. 
The Secretary may revise type sizes for the text in such an area and in 
such a manner as the Secretary determines to be appropriate. The term 
``CANCER-CAUSING AGENTS'' shall appear in bold capital letters, and the 
text shall be black on a white background, or white on a black 
background, in a manner that contrasts, by typography, layout, or 
color, with all other printed material on the package, except the label 
statement required under paragraph (1).
            (4) Does not apply to foreign distribution.--The provisions 
        of this subsection do not apply to a manufacturer or 
        distributor of cigarettes which does not manufacture, package, 
        or import cigarettes for sale or distribution within the United 
        States.
    (b) Package Insert.--
            (1) 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 
        carcinogens, toxins, and other substances posing a risk to 
        human health that are contained in the ingredients and 
        constituents of the cigarettes in such package. The Secretary 
        shall include in such guidelines information on the health 
        impact of smoking and smoking cessation as determined to be 
        necessary by the Secretary to advance public health.
            (2) Regulations.--The Secretary shall issue regulations 
        requiring the package insert required by paragraph (1) to 
        provide the information required by such paragraph (including 
        carcinogens and other dangerous substances) in a prominent, 
        clear fashion and a detailed list of the ingredients and 
        constituents.
    (c) Advertising Requirements.--
            (1) In general.--It shall be unlawful for any manufacturer, 
        importer, distributor, or retailer of cigarettes to advertise 
        or cause to be advertised within the United States any 
        cigarette, or any similar tobacco product, unless its 
        advertising bears, in accordance with the requirements of this 
        section--
                    (A) one of the label statements specified in 
                paragraph (1) of subsection (a); and
                    (B) a list of carcinogens specified in paragraph 
                (2) of subsection (a).
            (2) Typography.--
                    (A) Warnings.--
                            (i) In general.--Each cigarette 
                        advertisement shall include a label statement 
                        required by subsection (a)(1) as set forth in 
                        this subparagraph.
                            (ii) Advertisements.--For press (including 
                        magazine and newspaper), poster and billboard 
advertisements, each such label statement shall comprise at least 30 
percent of the area of the advertisement and shall appear in a 
conspicuous and prominent format and location at the top of each 
advertisement within the printing safety area. The Secretary may revise 
the required type sizes in such area in such manner as the Secretary 
determines appropriate to advance public health.
                            (iii) Text.--The word ``WARNING'' shall 
                        appear in capital letters, and each label 
                        statement shall appear in conspicuous, 
                        uncondensed, bold, sans serif type. The text of 
                        the label statement shall be black if the 
                        background is white and white if the background 
                        is black, under the plan submitted under 
                        paragraph (4). The label statements shall be 
                        enclosed by a rectangular border that is the 
                        same color as the letters of the statements and 
                        that is twice the width of the vertical stroke 
                        of the letter ``I'' in the word ``WARNING'' in 
                        the label statements.
                            (iv) Point type.--The text of such label 
                        statements shall be in a bold typeface pro rata 
                        to the following requirements:
                                    (I) 45-point type for a whole-page 
                                broadsheet newspaper advertisement.
                                    (II) 39-point type for a half-page 
                                broadsheet newspaper advertisement.
                                    (III) 39-point type for a whole-
                                page tabloid newspaper advertisement.
                                    (IV) 27-point type for a half-page 
                                tabloid newspaper advertisement.
                                    (V) 31.5-point type for a double 
                                page spread magazine or whole-page 
                                magazine advertisement.
                                    (VI) 22.5-point type for a 28 
                                centimeter by 3 column advertisement.
                                    (VII) 15-point type for a 20 
                                centimeter by 2 column advertisement.
                            (v) Billboards.--For billboard 
                        advertisements, the typeface shall be adjusted 
                        so that the text occupies 60-70 percent of the 
                        label area. The warning label on billboards 
                        that use artificial lighting shall not be less 
                        visible than other printed matter on the 
                        billboard when the lighting is in use.
                            (vi) All label statements.--The label 
                        statements shall be in English, except that in 
                        the case of--
                                    (I) an advertisement that appears 
                                in a newspaper, magazine, periodical, 
                                or other publication that is not in 
                                English, the statements shall appear in 
                                the predominant language of the 
                                publication; and
                                    (II) in the case of any other 
                                advertisement that is not in English, 
                                the label statements shall appear in 
                                the same language as that principally 
                                used in the advertisement.
                    (B) List of carcinogens.--Each statement required 
                by subsection (a)(2) in cigarette advertising shall 
                comply with the standards set forth in this 
                subparagraph. For press, poster and billboard 
                advertisements, each such statement shall appear in a 
                conspicuous and prominent format and be located at the 
                bottom of each advertisement within the printing safety 
                area. Each such statement shall comprise not less than 
                15 percent of the area of the advertisement, with the 
                text of the statement comprising not less than 60 
                percent and not more than 70 percent of such an area. 
                The Secretary may designate required type sizes in such 
                an area in such a manner as the Secretary determines 
                appropriate to advance public health. The text of such 
                a statement shall be black if the background is white, 
                and white if the background is black, and shall be in 
                type that is otherwise in contrast in typography, 
                layout, or color with all other printed material in the 
                advertisement.
            (3) Adjustment by secretary.--The Secretary may, through a 
        rulemaking under section 553 of title 5, United States Code, 
        adjust the format and type sizes and content for the label 
        statements required by this section or the text, format, and 
        type sizes of any required tar, nicotine yield, or other 
        constituent disclosures, or to establish the text, format, and 
        type sizes for any other disclosures required under the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). The text 
        of any such label statements or disclosures shall be required 
        to appear only within the 30 percent area of cigarette 
        advertisements provided by paragraph (2). The Secretary shall 
        promulgate regulations which provide for adjustments in the 
        format and type sizes of any text required to appear in such 
        area to ensure that the total text required to appear by law 
        will fit within such area.
            (4) Marketing requirements.--
                    (A) In general.--The label statements specified in 
                subsection (a)(1) shall be randomly displayed in each 
                12-month period, in as equal a number of times as is 
                possible on each brand and brand style of the product 
                and be randomly distributed in all areas of the United 
                States in which the product is marketed in accordance 
                with a plan submitted by the cigarette manufacturer, 
                importer, distributor, or retailer, and approved by the 
                Secretary.
                    (B) Rotation.--The label statements specified in 
                subsection (a)(1) shall be rotated quarterly in 
                alternating sequence in advertisements for each brand 
                and brand style of cigarettes in accordance with a plan 
                submitted by the cigarette manufacturer, importer, 
                distributor, or retailer to, and approved by, the 
                Secretary.
                    (C) Review of plan.--The Secretary shall review 
                each plan submitted under subparagraph (B) and approve 
                it if the plan--
                            (i) will provide for the equal distribution 
                        and display on packaging and the rotation 
                        required in advertising under this subsection; 
                        and
                            (ii) assures that all of the label 
                        statements required under this section will be 
                        displayed by the cigarette manufacturer, 
                        importer, distributor, or retailer at the same 
                        time.
    (d) Television and Radio Advertising.--It is unlawful to advertise 
cigarettes on any medium of electronic communications subject to the 
jurisdiction of the Federal Communications Commission.

SEC. 4. LABELS AND ADVERTISING WARNINGS FOR SMOKELESS TOBACCO, CIGARS, 
              AND PIPE TOBACCO.

    (a) Warning Labels.--
            (1) In general.--It shall be unlawful for any person to 
        manufacture, package, or import for sale or distribution within 
        the United States any smokeless tobacco product, cigar product, 
        or pipe tobacco product, or any similar tobacco product, unless 
        the product package bears, in accordance with the requirements 
        of this Act, one of the following label statements:
                    (A) Any smokeless tobacco product shall bear one of 
                the following label statements:
                WARNING: Smokeless tobacco causes mouth cancer
                WARNING: Smokeless tobacco causes gum disease and tooth 
                loss
                WARNING: Smokeless tobacco is not a safe alternative to 
                cigarettes
                WARNING: Smokeless tobacco is addictive
                    (B) Any cigar product shall bear one of the 
                following label statements:
                WARNING: Cigar smoke causes mouth cancer
                WARNING: Cigar smoke causes throat cancer
                WARNING: Cigar smoke causes lung cancer
                WARNING: Cigars are not a safe alternative to 
                cigarettes
                WARNING: Cigar smoke can harm your children
                    (C) Any pipe tobacco product shall bear one of the 
                following label statements:
                WARNING: Pipe smoking causes mouth cancer
                WARNING: Pipe smoking causes throat cancer
                WARNING: Pipe smoking is not a safe alternative to 
                cigarettes
                WARNING: Pipe smoking can harm your children
            (2) Requirements.--
                    (A) Location of label statement.--Each label 
                statement required by paragraph (1) shall--
                            (i) for any smokeless tobacco or pipe 
                        tobacco product, be located on the 2 principal 
                        display panels of the product package, and 
                        comprise at least 25 percent of each such 
                        display panel; and
                            (ii) for any cigar product, be located on a 
                        band around each cigar that is packaged for 
                        individual sale, and for each package of 
                        cigars, be located in the upper portion of the 
                        front and rear panels of the package and 
                        comprise at least the top 33 percent of the 
front and rear panels of the package.
                    (B) Size and text of label statement.--Each label 
                statement required by paragraph (1) shall be in 17-
                point bold, uncondensed, sans serif type and in black 
                text on a white background, or white text on a black 
                background, in a manner that contrasts by typography, 
                layout, or color, with all other printed material on 
                the package or band, in an alternating fashion under 
                the plan submitted under subsection (b)(3), except that 
                if the text of a label statement would occupy more than 
                70 percent of the area specified by subparagraph (A), 
                such text may appear in a smaller type size, so long as 
                at least 60 percent of such warning area is occupied by 
                the label statement.
            (3) Introduction.--The label statements required by 
        paragraph (1) shall be introduced by each manufacturer, 
        packager, importer, distributor, or retailer of smokeless 
        tobacco products, cigar products, and pipe tobacco products 
        concurrently into the distribution chain of such products.
            (4) Does not apply to foreign distribution.--The provisions 
        of this subsection do not apply to a manufacturer or 
        distributor of any smokeless tobacco product, cigar product, or 
        pipe tobacco product that does not manufacture, package, or 
        import such products for sale or distribution within the United 
        States.
    (b) Advertisements.--
            (1) In general.--It shall be unlawful for any manufacturer, 
        packager, importer, distributor, or retailer of smokeless 
        tobacco products, cigar products, or pipe tobacco products to 
        advertise or cause to be advertised within the United States 
        any such product unless its advertising bears, in accordance 
        with the requirements of this section, one of the label 
        statements specified in subsection (a) that is applicable to 
        such product.
            (2) Requirements.--Each label statement required by 
        paragraph (1) shall comply with the standards set forth in this 
        paragraph. For press and poster advertisements, each such 
        statement and (where applicable) any required statement 
        relating to tar, nicotine, or other constituent yield shall--
                    (A) comprise at least 20 percent of the area of the 
                advertisement, and the warning area shall be delineated 
                by a dividing line of contrasting color from the 
                advertisement; and
                    (B) the word ``WARNING'' shall appear in capital 
                letters and each label statement shall appear in 
                conspicuous and legible type.
        The text of the label statement shall be black on a white 
        background, or white on a black background, in an alternating 
        fashion under the plan submitted under paragraph (3).
            (3) Display.--
                    (A) Random display.--The label statements specified 
                in subsection (a)(1) shall be randomly displayed in 
                each 12-month period, in as equal a number of times as 
                is possible on each brand of the product and be 
                randomly distributed in all areas of the United States 
                in which the product is marketed in accordance with a 
                plan submitted by the manufacturer, importer, 
                distributor, or retailer of smokeless tobacco products, 
                cigar products, or pipe tobacco products and approved 
                by the Secretary.
                    (B) Rotation.--The label statements specified in 
                subsection (a)(1) shall be rotated quarterly in 
                alternating sequence in advertisements for each brand 
                of smokeless tobacco product, cigar product, and pipe 
                tobacco product, in accordance with a plan submitted by 
                the tobacco product manufacturer, importer, 
distributor, or retailer to, and approved by, the Secretary.
                    (C) Review of plan.--The Secretary shall review 
                each plan submitted under subparagraph (B) and approve 
                it if the plan--
                            (i) will provide for the equal distribution 
                        and display on packaging and the rotation 
                        required in advertising under this subsection; 
                        and
                            (ii) assures that all of the label 
                        statements required under this section will be 
                        displayed by the manufacturer, importer, 
                        distributor, or retailer of smokeless tobacco 
                        products, cigar products, or pipe tobacco 
                        products, at the same time.
    (c) Package Insert.--
            (1) In general.--It shall be unlawful for any person to 
        manufacture, import, package, or distribute for sale within the 
        United States any smokeless tobacco product, cigar product, or 
        pipe tobacco product unless such product, not including a cigar 
        that is sold individually, includes a package insert, prepared 
        in accordance with guidelines established by the Secretary by 
        regulation, on carcinogens, toxins, and other substances posing 
        a risk to human health that are contained in the ingredients 
        and constituents of such product. The Secretary shall include 
        in such guidelines information on the health impact of smoking 
        and smoking cessation as the Secretary determines to be 
        necessary to advance public health.
            (2) Regulations.--The Secretary shall issue regulations 
        requiring the package insert required by paragraph (1) to 
        provide the information required by such paragraph (including 
        carcinogens and other dangerous substances) in a prominent, 
        clear fashion and a detailed list of the ingredients and 
        constituents.
    (d) Television and Radio Advertising.--It is unlawful to advertise 
smokeless tobacco product, cigar product, or pipe tobacco product on 
any medium of electronic communications subject to the jurisdiction of 
the Federal Communications Commission.

SEC. 5. AUTHORITY TO REVISE WARNING LABEL STATEMENTS.

    The Secretary may, by a rulemaking conducted under section 553 of 
title 5, United States Code, adjust the format, type size, content, and 
text of any of the warning label statements required by this Act, or 
establish the format, type size, and text of any other disclosures 
required under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 
et seq.), or alter the list of carcinogens disclosed on label 
statements, if the Secretary finds that such a change would promote 
greater public understanding of the risks associated with the use of 
tobacco.

SEC. 6. TOBACCO PRODUCT INGREDIENTS AND CONSTITUENTS.

    (a) General Rule.--Each person that 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 ingredient or constituent of 
        the 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 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 ingredients and constituents identified under 
paragraph (1) shall be listed in descending order according to weight, 
measure, or numerical count. If any of such constituents are 
carcinogens, 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 3 and 4.
    (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 such 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. 7. ENFORCEMENT.

    (a) In General.--
            (1) Regulations.--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.
            (2) Consultation.--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.
            (3) Monitoring of compliance.--The Secretary shall monitor 
        compliance with the requirements of this Act.
            (4) Recommendation for enforcement.--The Secretary shall 
        recommend to the Attorney General such enforcement actions as 
        may be appropriate under this Act.
    (b) Injunction.--
            (1) In general.--The district courts of the United States 
        shall have jurisdiction over civil actions brought to restrain 
        violations of this Act. 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) Actions by interested parties.--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 this Act 
shall be subject to a civil penalty of not more than $100,000 for each 
violation per day.

SEC. 8. REPORT TO CONGRESS BY THE SECRETARY.

    Not later than 36 months after the date of enactment of this Act 
and biannually thereafter, the Secretary shall transmit to the Congress 
a report describing actions taken pursuant to this Act, current 
practices and methods of tobacco advertising and promotion, and 
recommendations if any for legislation.

SEC. 9. EFFECTIVE DATES AND CONFORMING AMENDMENTS.

    (a) Effective Date.--This Act shall take effect on the date of the 
enactment of this Act, except that section 3, 4, 5 and 6 shall take 
effect 1 year after the date of the enactment of this Act.
    (b) Conforming Amendments.--Effective on the date that is 1 year 
from the date of the enactment of this Act, the Federal Cigarette 
Labeling and Advertising Act (15 U.S.C. 1331 et seq.) and the 
Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 
4401) are repealed.
                                 <all>