[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3178 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3178

  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

                           November 19, 2002

  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) 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 cigarettes the 
        package of which fails to bear, in accordance with the 
        requirements of this section, a warning label.
            ``(2) Label in 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 labels required under paragraph 
        (1).
    ``(b) Regulations.--Not later than 1 year after the date of 
enactment of the Stronger Tobacco Warning Labels To Save Lives Act, 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 
required under subsection (a) consists of the following:
            ``(1) 1 or more of the following statements:
                    ``(A) WARNING: Cigarettes Are Highly Addictive.
                    ``(B) WARNING: Tobacco Smoke Can Harm Your 
                Children.
                    ``(C) WARNING: Cigarettes Cause Fatal Lung Disease.
                    ``(D) WARNING: Cigarettes Cause Cancer.
                    ``(E) WARNING: Cigarettes Cause Fatal Heart 
                Disease.
                    ``(F) WARNING: Cigarettes Cause Strokes.
                    ``(G) WARNING: Smoking During Pregnancy Can 
                Seriously Harm Your Baby.
                    ``(H) WARNING: Smoking Can Kill You.
                    ``(I) WARNING: Tobacco Smoke Causes Fatal Lung 
                Disease in Nonsmokers.
                    ``(J) WARNING: Quitting Smoking Now Greatly Reduces 
                Serious Risks To Your Health.
                    ``(K) WARNING: Children See, Children Do--Your 
                Children are Twice as Likely to Smoke if You Do.
            ``(2) At the election of the Secretary, such additional 
        statement as the Secretary determines effective in deterring 
        smoking.
    ``(d) Graphics.--
            ``(1) In general.--The regulations promulgated under 
        subsection (b) shall ensure that each warning label required 
        under subsection (a) contains a color graphic (such as a 
        picture) that illustrates or emphasizes 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 
        shall include a color picture of 1 of the following:
                    ``(A) A diseased lung, heart, or mouth.
                    ``(B) An individual suffering from addiction.
                    ``(C) Children watching an adult smoke a cigarette.
                    ``(D) An individual adversely affected by 
                secondhand smoke from a cigarette, such as a pregnant 
                woman or infant.
    ``(e) Requirements for Products.--
            ``(1) Location.--The text of each warning label required 
        under subsection (a)(1) shall be located on the upper portion 
        of the front panel of the cigarette package (such as a carton) 
        and occupy not less than 50 percent of such front panel.
            ``(2) Type and color.--Each label statement required under 
        subsection (a)(1) shall be printed in at least 17 point type 
        with adjustments as determined appropriate by the Secretary. 
        All the letters in the label statement shall appear in 
        conspicuous and legible type, appear 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.
    ``(f) Requirements for Advertising.--
            ``(1) Location.--The text of each warning label required 
        under subsection (a)(2) shall occupy not less than 50 percent 
        of the area of the advertisement involved.
            ``(2) Type and color.--
                    ``(A) Type.--Each label statement required under 
                subsection (a)(2) 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 double page spread 
                        magazine advertisements--31.5 point type.
                            ``(vi) With respect to whole page magazine 
                        advertisements--31.5 point type.
                            ``(vii) With respect to 28 cm x 3 column 
                        advertisements--22.5 point type.
                            ``(viii) With respect to 20 cm x 2 column 
                        advertisements--15 point type.
                    ``(B) Type size revisions.--The Secretary may 
                revise the required type sizes described in 
                subparagraph (A) as the Secretary determines 
                appropriate within the 50 percent requirement described 
                in paragraph (1).
                    ``(C) Color.--All the letters in the label 
                statement shall appear in conspicuous and legible type, 
                appear in contrast by typography, layout, or color with 
                all other printed material in the advertisement, and be 
                printed in alternating black-on-white and white-on-
                black formats as determined appropriate by the 
                Secretary.
    ``(g) Rotation of Label Statements.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        label statements required under paragraph (1) or (2) of 
        subsection (a) shall be rotated by each manufacturer or 
        importer of cigarettes covered by that paragraph quarterly in 
        alternating sequence on packages of each brand of the 
        cigarettes 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 such a 
        plan submitted by a manufacturer or importer of cigarettes that 
        will provide the rotation required under this subsection and 
        that assures that all of the label statements required under 
        subsection (a) will be displayed by the manufacturer or 
        importer at the same time.
            ``(2) Application of other rotation requirements.--
                    ``(A) Application.--
                            ``(i) 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 or distributed by 
                                the manufacturer or importer in the 
                                fiscal year 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 
                                or distribution in the United States 
                                are packaged into brand styles that 
                                meet the requirements of subclause (I).
                            ``(ii) Approval.--If such 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 approval of 
                        the application.
                    ``(B) Plan.--An applicant manufacturer or importer 
                under subparagraph (A) shall include in its application 
                a plan under which the label statements required under 
                subsection (a) shall be rotated by the applicant in 
                accordance with the label rotation described in 
                subparagraph (C).
                    ``(C) Other rotation requirements.--Under the label 
                rotation that the manufacturer or importer with such an 
                approved application may put into effect, each of the 
                label statements specified in subsection (c)(1) 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 1-year 
                period beginning on the date of the approval of the 
                application.
    ``(h) 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.
    ``(i) 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--
                    ``(A) require content-specific messages regarding 
                health hazards posed by cigars and pipe tobacco;
                    ``(B) include graphics for such content messages, 
                as required under subsection (d); and
                    ``(C) be formatted in a clear and unambiguous 
                manner, as required under subsection (e)(2).
            ``(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 advertising.--It shall be unlawful for any 
        manufacturer 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 
        warning labels required under paragraph (1).
    ``(b) Regulations.--Not later than 1 year after the date of 
enactment of the Stronger Tobacco Warning Labels To Save Lives Act, 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 
required under subsection (a) consists of the following:
            ``(1) 1 or more of the following statements:
                    ``(A) WARNING: This Product May Cause Mouth Cancer.
                    ``(B) WARNING: This Product May Cause Gum Disease 
                and Tooth Loss.
                    ``(C) WARNING: This Product Is Not a Safe 
                Alternative to Cigarettes.
                    ``(D) WARNING: Smokeless Tobacco Is Highly 
                Addictive.
            ``(2) At the election of the Secretary, such additional 
        statement as the Secretary determines effective in deterring 
        the use of smokeless tobacco.
    ``(d) Graphics.--
            ``(1) In general.--The regulations promulgated under 
        subsection (b) shall ensure that each warning label required 
        under subsection (a) contains a color graphic (such as a 
        picture) that illustrates or emphasizes 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 
        shall include a color picture of 1 of the following:
                    ``(A) A diseased mouth or other physical effect of 
                using a smokeless tobacco product.
                    ``(B) An individual using a smokeless tobacco 
                product.
                    ``(C) Children watching an adult use a smokeless 
                tobacco product.
    ``(e) Requirements for Products.--
            ``(1) Location.--The text of each warning label required 
        under 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 under 
        subsection (a)(1) shall be printed in at least 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 statement shall appear in conspicuous and legible 
        type, appear in contrast by typography, layout, or color with 
        all other printed material on the package, and be printed in 
        alternating black-on-white and white-on-black formats as 
        determined appropriate by the Secretary.
    ``(f) Requirements for Advertising.--The provisions of section 4(f) 
of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 
1333(f)) shall apply to labels in advertisements required under 
subsection (a)(2).
    ``(g) Rotation of Label Statements.--The provisions of section 
4(g)(1) of the Federal Cigarette Labeling and Advertising Act (15 
U.S.C. 1333(g)(1)) shall apply to labels on packages and labels in 
advertisements required under paragraphs (1) and (2), respectively, of 
subsection (a).
    ``(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 a smokeless tobacco product 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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