II 109th CONGRESS 2d Session S. 3872 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.

1.

Short title

This Act may be cited as the Truth in Cigarette Labeling Act of 2006.

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.