[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1453 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1453
To strengthen warning labels on smokeless tobacco products.
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IN THE HOUSE OF REPRESENTATIVES
April 4, 2001
Mr. Gallegly introduced the following bill; which was referred to the
Committee on Energy and Commerce
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A BILL
To strengthen warning labels on smokeless 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 ``Smokeless Tobacco Warning Label
Act''.
SEC. 2. SMOKELESS TOBACCO LABELS AND ADVERTISING WARNINGS.
Section 3 of the Comprehensive Smokeless Tobacco Health Education
Act of 1986 (15 U.S.C. 4402) is amended to read as follows:
``SEC. 3. SMOKELESS TOBACCO WARNING.
``(a) Packaging.--
``(1) Warning statements.--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 Act, one of the following labels:
`WARNING: This Product Can Cause Mouth Cancer'
`WARNING: This Product Can Cause Gum Disease And Tooth Loss'
`WARNING: This Product Is Not A Safe Alternative To Cigarettes'
`WARNING: Smokeless Tobacco Is Addictive'.
`WARNING: This Product Contains Cancer Causing Chemicals'.
``(2) Location and size.--Each label statement required by
paragraph (1) shall--
``(A) comprise 20 percent of the area of each
principal display panel of the package;
``(B) have the word `WARNING' appear in capital
letters; and
``(C) as determined appropriate by the Secretary of
Health and Human Services in conjunction with the
Federal Trade Commission, have all other words in the
statement appear in clear and conspicuous and legible
type, in black text on a white background, or white
text on a black background, and in a manner that
contrasts by typography, layout, or color, with all
other printed material on the package.
``(3) Responsibility.--The label statements required by
paragraph (1) shall be introduced by each tobacco product
manufacturer, packager, importer, distributor, or retailer of
smokeless tobacco products concurrently into the distribution
chain of such products.
``(4) Exemption.--This subsection does not apply to a
tobacco product manufacturer or distributor of any smokeless
tobacco product that does not manufacture, package, or import
smokeless tobacco products for sale or distribution within the
United States.
``(b) Advertising.--
``(1) Illegal act.--It shall be unlawful for any tobacco
product manufacturer, packager, importer, distributor, or
retailer of smokeless tobacco products to advertise or cause to
be advertised within the United States any smokeless tobacco
product unless its advertising bears, in accordance with the
requirements of this section, one of the label statements
specified in subsection (a).
``(2) Standards for statements.--Each label statement
required by subsection (a) in smokeless tobacco advertising
shall comply with the standards set forth in this paragraph.
For press and poster advertisements, each such statement
shall--
``(A) comprise at least 15 percent of the area of
the advertisement;
``(B) have the word `WARNING' appear in capital
letters; and
``(C) as determined appropriate by the Secretary of
Health and Human Services in conjunction with the
Federal Trade Commission, have all other words appear
in the statement in clear and conspicuous and legible
type, in black text on a white background, or white
text on a black background, and in a manner that
contrasts by typography, layout, or color, with all
other printed material on the advertisement.
``(c) Rotation and Display of Warning Statements.--
``(1) Packaging.--The label statements required under
subsection (a) 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 tobacco product
manufacturer, importer, distributor, or retailer and approved
by the Secretary of Health and Human Services.
``(2) Advertising.--The label statements required under
subsection (a) shall be rotated quarterly in alternating
sequence in advertisements for each brand of smokeless tobacco
product in accordance with a plan submitted by the tobacco
product manufacturer, importer, distributor, or retailer to,
and approved by, the Secretary.
``(3) Secretarial review.--The Secretary, in conjunction
with the Federal Trade Commission, shall review each plan
submitted under paragraphs (1) and (2) and approve it if the
plan--
``(i) in the case of a plan submitted under
paragraph (1), assures that all of the labels required
under this section will be displayed by the tobacco
product manufacturer, importer, distributor, or
retailer at the same time; and
``(ii) in the case of a plan submitted under
paragraph (2), will provide for the equal distribution
and display on packaging and the rotation required in
advertising under this subsection.''.
``(d) Electronic Media.--It is unlawful to advertise smokeless
tobacco on any medium of electronic communications subject to the
jurisdiction of the Federal Communications Commission.''.
SEC. 3. AUTHORITY TO REVISE SMOKELESS TOBACCO PRODUCT WARNING LABEL
STATEMENTS.
Section 3 of the Comprehensive Smokeless Tobacco Health Education
Act of 1986 (15 U.S.C. 4402), as amended by section 2, is further
amended by adding at the end the following:
``(e) Authority To Revise Label Statements.--The Secretary of
Health and Human Services may, by a rulemaking conducted under section
553 of title 5, United States Code, adjust the format, type size, and
text of any of the label statements required by subsection (a) if the
Secretary finds that such a change would promote greater public
understanding of the risks associated with the use of smokeless tobacco
products.''.
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