[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3872 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3872

To prohibit cigarette manufacturers from making claims regarding tar or 
      nicotine yield levels of cigarettes, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            September 7 (legislative day, September 6), 2006

 Mr. Lautenberg (for himself, Mrs. Clinton, Mr. Harkin, Mr. Menendez, 
   Mr. Reed, Mr. Durbin, Mr. Kennedy, and Mr. Leahy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To prohibit cigarette manufacturers from making claims regarding tar or 
      nicotine yield levels of cigarettes, and for other purposes.

    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 ``Truth in Cigarette Labeling Act of 
2006''.

SEC. 2. PROHIBITION ON CLAIMS REGARDING TAR OR NICOTINE YIELD LEVELS OF 
              CIGARETTES.

    (a) Findings.--Congress finds the following:
            (1) Cigarette manufacturers (through use of words, 
        graphics, and color) have sold, distributed, and falsely 
        marketed brands of cigarettes to consumers as ``light'', ``low-
        tar'', ``ultra light'', ``mild'', ``natural'', and ``low-
        nicotine'' cigarettes, implying that the cigarettes are less 
        harmful than other brands of cigarettes.
            (2) The National Cancer Institute has found that many 
        smokers mistakenly believe that cigarettes with the labels 
        described in paragraph (1) cause fewer health problems than 
        other cigarettes, and this belief misleads smokers who may 
        choose these cigarettes as an alternative to not smoking.
            (3) The Federal Trade Commission has concluded that 
        ``cigarette tar and nicotine ratings cannot predict the amount 
        of tar and nicotine [a person] get[s] from any particular 
        cigarette.''.
            (4) Recent studies have demonstrated that there has been no 
        reduction in risk on a population-wide basis from the 
        cigarettes described in paragraph (1), and such cigarettes may 
        actually increase the risk of tobacco use.
            (5) The dangers of marketing one brand of cigarettes as 
        less harmful than another brand of cigarettes when in fact 
        there are no reduced risks, is a compelling reason for the 
        Government to ensure statements, claims, or other 
        representations about cigarettes are truthful and not 
        deceptive.
    (b) Definitions.--In this section:
            (1) Health descriptor.--The term ``health descriptor'' 
        includes the words ``light'', ``low'', ``low tar'', 
        ``ultralight'', ``mild'', ``natural'', or any other word, or 
        any graphic or color, which reasonably could be expected to 
        result in a consumer believing that smoking such brand may 
        result in a lower risk of disease or be less hazardous to 
        health than smoking another brand of cigarette.
            (2) Brand.--The term ``brand'' means a variety of tobacco 
        product distinguished by the type of tobacco used, tar content, 
        nicotine content, the flavoring used, size, filtration, 
        packaging, logo, registered trademark or brand name, 
        identifiable pattern of colors, or any combination thereof.
            (3) Cigarette.--The term ``cigarette'' has the meaning 
        given such term in section 3(1) of the Federal Cigarette 
        Labeling and Advertising Act (15 U.S.C. 1332(1)), but also 
        includes tobacco, in any form, that is functional in the 
        product, which, because of its appearance, the type of tobacco 
        used in the filler, or its packaging and labeling, is likely to 
        be offered to, or purchased by, consumers as a cigarette or as 
        roll-your-own tobacco.
            (4) Roll-your-own tobacco.--The term ``roll-your-own 
        tobacco'' means any tobacco which, because of its appearance, 
        type, packaging, or labeling, is suitable for use and likely to 
        be offered to, or purchased by, consumers as tobacco for making 
        cigarettes.
    (c) Prohibition on Use of Health Descriptors and Federal Trade 
Commission Testing Method.--
            (1) In general.--Notwithstanding any other provision of 
        law, effective 120 days after the date of the enactment of this 
        Act, a cigarette manufacturer may not use a health descriptor 
        on the label or the advertising of any brand of cigarette.
            (2) Prohibition on use of federal trade commission testing 
        method.--Notwithstanding any other provision of law, effective 
        120 days after the date of the enactment of this Act, a 
        cigarette manufacturer may not make any claims or any other 
        representations based on data derived from the cigarette 
        testing method established by the Federal Trade Commission in 
        effect on the day before the date of the enactment of this Act.
            (3) Enforcement.--
                    (A) Unfair or deceptive act or practice.--A 
                violation of the prohibition described in paragraphs 
                (1) or (2) shall be treated as a violation of a rule 
                defining an unfair or deceptive act or practice 
                prescribed under section 18(a)(1)(B) of the Federal 
                Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
                    (B) Actions by the commission.--The Federal Trade 
                Commission shall enforce this section in the same 
                manner, by the same means, and with the same 
                jurisdiction, powers, and duties as though all 
                applicable terms and provisions of the Federal Trade 
                Commission Act (15 U.S.C. 41 et seq.) were incorporated 
                into and made a part of this section.
                                 <all>