[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2685 Reported in Senate (RS)]







                                                      Calendar No. 1095
110th CONGRESS
  2d Session
                                S. 2685

                          [Report No. 110-512]

       To prohibit cigarette manufacturers from making claims or 
representations based on data derived from the cigarette testing method 
              established by the Federal Trade Commission.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2008

 Mr. Lautenberg (for himself, Ms. Snowe, and Mrs. Clinton) introduced 
the following bill; which was read twice and referred to the Committee 
                on Commerce, Science, and Transportation

           September 26 (legislative day, September 17), 2008

                Reported by Mr. Inouye without amendment

_______________________________________________________________________

                                 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.

    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 
2008''.

SEC. 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.
                                                      Calendar No. 1095

110th CONGRESS

  2d Session

                                S. 2685

                          [Report No. 110-512]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

           September 26 (legislative day, September 17), 2008

                       Reported without amendment