II 110th CONGRESS 2d Session S. 2685 IN THE SENATE OF THE UNITED STATES March 3, 2008 Mr. Lautenberg (for himself and Ms. Snowe) 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 or representations based on data derived from the cigarette testing method established by the Federal Trade Commission.

1.

Short title

This Act may be cited as the Truth in Cigarette Labeling Act of 2008.

2.

Prohibition on claims regarding tar or nicotine yield levels of cigarettes

(a)

Findings

Congress finds the following: (1)Cigarette manufacturers have, through the use of words, graphics, and color, sold, distributed, and falsely marketed brands of cigarettes to consumers as light, low-tar, ultra light, mild, natural, and low-nicotine, implying that the cigarettes are less harmful than other brands of cigarettes. (2)Many smokers switch to brands of cigarettes marketed as low-tar or light out of concern for their health, believing them to be less risky or a step toward quitting. (3)Recent studies have demonstrated that the use of cigarettes described in paragraph (1) have not resulted in any meaningful reduction of disease. (4)In 2000, the Federal Trade Commission issued a consumer alert warning smokers that cigarette tar and nicotine ratings can't predict the amount of tar and nicotine [a person] get[s] from any particular cigarette. (5)The National Cancer Institute has concluded that the marketing of cigarettes described in paragraph (1) as having lower delivery of tar and nicotine is deceptive to consumers. (6)The marketing of one brand of cigarettes as less harmful than another brand of cigarettes when in fact there are no reduced risks is a serious enough threat to public health and welfare that there is a compelling governmental interest in ensuring that statements, claims, or other representations about cigarettes are truthful and not deceptive. (b)

Definitions

In this section: (1)

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. (2)

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 Federal Trade Commission testing method

(1)

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 a cigarette testing method established by the Federal Trade Commission and in effect on the day before the date of the enactment of this Act. (2)

Enforcement

(A)

Unfair or deceptive act or practice

A violation of the prohibition described in paragraph (1) 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.