[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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2001

 Mr. Gallegly introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 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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