[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2889 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2889

  To amend the Federal Cigarette Labeling and Advertising Act and the 
Comprehensive Smokeless Tobacco Health Education Act of 1986 to require 
                  warning labels for tobacco products.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2000

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

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Cigarette Labeling and Advertising Act and the 
Comprehensive Smokeless Tobacco Health Education Act of 1986 to require 
                  warning labels for 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 ``Stronger Tobacco Warning Labels to 
Save Lives Act''.

SEC. 2. AMENDMENT TO FEDERAL CIGARETTE AND LABELING ADVERTISING ACT.

    (a) Amendment.--The Federal Cigarette Labeling and Advertising Act 
(15 U.S.C. 1331 et seq.) is amended by striking section 4 and inserting 
the following:

``SEC. 4. LABELING.

    ``(a) Label.--
            ``(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, a 
        warning label.
            ``(2) Regulations.--Not later than 1 year after the date of 
        enactment of this section, the Secretary shall promulgate 
        regulations describing the warning label required by paragraph 
        (1).
            ``(3) Content of label.--The regulations promulgated under 
        paragraph (2) shall ensure that the text of each warning label 
        addresses one of the following:
                    ``(A) Diseases or fatal health conditions caused by 
                cigarette smoking.
                    ``(B) Any physical addiction that results from 
                cigarette smoking.
                    ``(C) The influence that cigarette smoking by 
                adults has on young children and teenagers and the 
                consequences of such use.
                    ``(D) The health hazards of secondhand smoke from 
                cigarettes.
            ``(4) Graphics.--
                    ``(A) In general.--The regulations promulgated 
                under paragraph (2) shall ensure that each warning 
                label contains a color graphic or picture that 
                illustrates or emphasizes to the greatest practicable 
                extent the message of the text of the corresponding 
                warning label.
                    ``(B) Contents.--The graphics described in 
                subparagraph (A) shall enhance the message of the text 
                of the warning label and may include a color picture of 
                one of the following:
                            ``(i) A diseased lung, heart, or mouth.
                            ``(ii) An individual suffering from 
                        addiction.
                            ``(iii) Children watching an adult smoke a 
                        cigarette.
                            ``(iv) An individual adversely affected by 
                        secondhand smoke from a cigarette, including 
                        pregnant women or infants.
    ``(b) Advertising.--It shall be unlawful for any manufacturer or 
importer of cigarettes to advertise or cause to be advertised within 
the United States any cigarette unless the advertising bears, in 
accordance with the requirements of this section, one of the warning 
label statements required by subsection (a).
    ``(c) Requirements for Labeling.--
            ``(1) Location.--Each label statement required by 
        subsection (a) shall be located on the upper portion of the 
        front panel of the cigarette package (or carton) and occupy not 
        less than 50 percent of such front panel.
            ``(2) Type and color.--Each label statement required by 
        subsection (a) shall be printed in at least 17 point type with 
        adjustments as determined appropriate by the Secretary. All the 
        letters in the label shall appear in conspicuous and legible 
        type, in contrast by typography, layout, or color with all 
        other printed material on the package, and be printed in a 
        black-on-white or white-on-black format as determined 
        appropriate by the Secretary.
    ``(d) Requirements for Advertising.--
            ``(1) Location.--Each label statement required by 
        subsection (b) shall occupy not less than 50 percent of the 
        area of the advertisement involved.
            ``(2) Type and color.--
                    ``(A) Type.--Each label statement required by 
                subsection (b) shall be printed in a point type that is 
                not less than the following types:
                            ``(i) With respect to whole page 
                        advertisements on broadsheet newspaper--45 
                        point type.
                            ``(ii) With respect to half page 
                        advertisements on broadsheet newspaper--39 
                        point type.
                            ``(iii) With respect to whole page 
                        advertisements on tabloid newspaper--39 point 
                        type.
                            ``(iv) With respect to half page 
                        advertisements on tabloid newspaper--27 point 
                        type.
                            ``(v) With respect to DPS magazine 
                        advertisements--31.5 point type.
                            ``(vi) With respect to whole page magazine 
                        advertisements--31.5 point type.
                            ``(vii) With respect to 28cm x 3 column 
                        advertisements--22.5 point type.
                            ``(viii) With respect to 20cm x 2 column 
                        advertisements--15 point type.
                The Secretary may revise the required type sizes as the 
                Secretary determines appropriate within the 50 percent 
                requirement.
                    ``(B) Color.--All the letters in the label under 
                this paragraph shall appear in conspicuous and legible 
                type, in contrast by typography, layout, or color with 
                all other printed material and be printed in an 
                alternating black-on-white and white-on-black format as 
                determined appropriate by the Secretary.
    ``(e) Rotation of Label Statements.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        label statements specified in subsections (a) and (b) shall be 
        rotated by each manufacturer or importer of cigarettes 
        quarterly in alternating sequence on packages of each brand of 
        cigarettes manufactured by the manufacturer or importer and in 
        the advertisements for each such brand of cigarettes in 
        accordance with a plan submitted by the manufacturer or 
        importer and approved by the Federal Trade Commission. The 
        Federal Trade Commission shall approve a plan submitted by a 
        manufacturer or importer of cigarettes which will provide the 
        rotation required by this subsection and which assures that all 
        of the labels required by subsections (a) and (b) will be 
        displayed by the manufacturer or importer at the same time.
            ``(2) Application of other rotation requirements.--
                    ``(A) In general.--A manufacturer or importer of 
                cigarettes may apply to the Federal Trade Commission to 
                have the label rotation described in subparagraph (C) 
                apply with respect to a brand style of cigarettes 
                manufactured or imported by such manufacturer or 
                importer if--
                            ``(i) the number of cigarettes of such 
                        brand style sold in the fiscal year by the 
                        manufacturer or importer preceding the 
                        submission of the application is less than \1/
                        4\ of 1 percent of all the cigarettes sold in 
                        the United States in such year; and
                            ``(ii) more than \1/2\ of the cigarettes 
                        manufactured or imported by such manufacturer 
                        or importer for sale in the United States are 
                        packaged into brand styles which meet the 
                        requirements of clause (i).
                If an application is approved by the Commission, the 
                label rotation described in subparagraph (C) shall 
                apply with respect to the applicant during the 1-year 
                period beginning on the date of the application 
                approval.
                    ``(B) Plan.--An applicant under subparagraph (A) 
                shall include in its application a plan under which the 
                label statements specified in subsection (a) will be 
                rotated by the applicant manufacturer or importer in 
                accordance with the label rotation described in 
                subparagraph (C).
                    ``(C) Other rotation requirements.--Under the label 
                rotation which the manufacturer or importer with an 
                approved application may put into effect, each of the 
                labels specified in subsection (a) shall appear on the 
                packages of each brand style of cigarettes with respect 
                to which the application was approved an equal number 
                of times within the 12-month period beginning on the 
                date of the approval by the Commission of the 
                application.
    ``(f) Application of Requirement.--Subsection (a) does not apply to 
a distributor or a retailer of cigarettes who does not manufacture, 
package, or import cigarettes for sale or distribution within the 
United States.
    ``(g) Cigars; Pipe Tobacco.--
            ``(1) In general.--The Secretary shall promulgate such 
        regulations as may be necessary to establish warning labels for 
        cigars and pipe tobacco. Such regulations shall require 
        content-specific messages regarding health hazards posed by 
        cigars and pipe tobacco, include graphic illustrations of such 
        content messages, as is required under subsection (a), and be 
        formatted in a clear and unambiguous manner, as is required 
        under subsection (a).
            ``(2) Definitions.--In this subsection:
                    ``(A) Cigar.--The term `cigar' means any roll of 
                tobacco wrapped in leaf tobacco or in any substance 
                containing tobacco (other than any roll of tobacco that 
                is a cigarette or cigarillo).
                    ``(B) Pipe tobacco.--The term `pipe tobacco' means 
                any loose tobacco that, because of the appearance, 
                type, packaging or labeling of such tobacco, is likely 
                to be offered to, or purchased by, consumers as a 
                tobacco to be smoked in a pipe.''
    (b) Effective Date.--The amendment made by this section shall take 
effect 1 year after the date of enactment of this section.

SEC. 3. AMENDMENT TO THE COMPREHENSIVE SMOKELESS TOBACCO HEALTH 
              EDUCATION ACT OF 1986.

    (a) Amendment.--The Comprehensive Smokeless Tobacco Health 
Education Act of 1986 (15 U.S.C. 4401 et seq.) is amended by striking 
section 3 and inserting the following:

``SEC. 3. SMOKELESS TOBACCO WARNING.

    ``(a) General Rule.--
            ``(1) Label on package.--It shall be unlawful for any 
        person to manufacture, package, or import for sale or 
        distribution within the United States any smokeless tobacco 
        product unless the product package bears, in accordance with 
        the requirements of this section, a warning label.
            ``(2) Label in advertisements.--It shall be unlawful for 
        any manufacturer, packager, or importer of smokeless tobacco 
        products to advertise or cause to be advertised within the 
        United States any smokeless tobacco product unless the 
        advertising bears, in accordance with the requirements of this 
        Act, one of the labels required by paragraph (1).
    ``(b) Regulations.--Not later than 1 year after the date of 
enactment of this section, the Secretary shall promulgate regulations 
describing the warning labels required under subsection (a).
    ``(c) Content of Label.--The regulations promulgated under 
subsection (b) shall ensure that the text of each warning label 
addresses one of the following:
            ``(1) Diseases resulting from use of smokeless tobacco 
        products.
            ``(2) Any physical addiction that results from using 
        smokeless tobacco products.
            ``(3) The influence that use of smokeless tobacco products 
        by adults has on young children and teenagers and the 
        consequences of such use.
    ``(d) Number of Labels.--The regulations promulgated under 
subsection (b) shall ensure that not less than 2 warning labels are 
created for each subject matter described in paragraphs (1), (2), and 
(3) of subsection (c). Such regulations shall also require that each 
package of smokeless tobacco bear 1 warning label that shall be rotated 
in accordance with subsection (g).
    ``(e) Graphics.--
            ``(1) In general.--The regulations promulgated under 
        subsection (b) shall ensure that each warning label required by 
        subsection (a) contains a color graphic or picture that 
        illustrates or emphasizes to the greatest practicable extent 
        the message of the text of the corresponding warning label.
            ``(2) Contents.--The graphics described in paragraph (1) 
        shall enhance the message of the text of the warning label and 
        may include a color picture of one of the following:
                    ``(A) A diseased mouth or other physical effect of 
                using smokeless tobacco products.
                    ``(B) An individual using a smokeless tobacco 
                product.
                    ``(C) Children watching an adult use a smokeless 
                tobacco product.
    ``(f) Format.--
            ``(1) Location.--Each label statement required by 
        subsection (a)(1) shall be located on the principal display 
        panel of the product and occupy not less than 50 percent of 
        such panel.
            ``(2) Type and color.--Each label statement required by 
        subsection (a)(1) shall be printed in 17 point type with 
        adjustments as determined appropriate by the Secretary to 
        reflect the length of the required statement. All the letters 
        in the label shall appear in conspicuous and legible type in 
        contrast by typography, layout, or color with all other printed 
        material on the package and be printed in an alternating black 
        on white and white on black format as determined appropriate by 
        the Secretary.
    ``(g) Advertising and Rotation.--The provisions of sections (d) and 
(e)(1) of the Federal Cigarette Labeling and Advertising Act (as 
amended by the Stronger Tobacco Warning Labels to Save Lives Act) shall 
apply to advertisements for smokeless tobacco products required under 
subsection (a)(2) and the rotation of the label statements required 
under subsection (a)(1) on such products.
    ``(h) Application of Requirement.--Subsection (a) does not apply to 
a distributor or a retailer of smokeless tobacco products who does not 
manufacture, package, or import such products for sale or distribution 
within the United States.
    ``(i) Television and Radio Advertising.--It shall be unlawful to 
advertise smokeless tobacco or cigars on any medium of electronic 
communications subject to the jurisdiction of the Federal 
Communications Commission.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect 1 year after the date of enactment of this section.
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