[Congressional Record Volume 142, Number 139 (Tuesday, October 1, 1996)]
[Senate]
[Page S12126]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

       By Mr. LAUTENBERG:
  S. 2184. A bill to require the Commissioner of the Food and Drug 
Administration to issue regulations limiting the advertising of 
cigarettes and smokeless tobacco over the Internet, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.


            THE TOBACCO-FREE CHILDREN'S INTERNET ACT OF 1996

 Mr. LAUTENBERG. Mr. President, I introduce the Tobacco-Free 
Children's Internet Act of 1996, a bill to protect children from the 
health hazards of tobacco by extending to the Internet existing 
limitations on tobacco advertisements.
  Mr. President, countless studies have demonstrated the persuasive 
effect that tobacco advertising has on minors. This advertising 
encourages young people to smoke, which in turn leads to more lung 
cancer, more heart disease, and more death. As a result, the Food and 
Drug Administration has now decided to limit tobacco advertising in 
publications with a significant readership under age 18 to black-and-
white text only. This is a significant, positive step, and should 
substantially reduce the effectiveness of such advertising in appealing 
to children.
  Mr. President, the Internet provides unprecedented access to 
information to persons of all ages. I believe that the widespread use 
of the Internet should be encouraged. However, certain material, such 
as tobacco advertising, is not appropriate for children. In addition to 
the eye-catching images common in tobacco print advertisements and 
billboards, cigarette and smokeless tobacco ads on the Internet have 
one feature exclusive to this medium--they can be interactive.
  The indiscriminate bombardment of advertisements on the Internet is 
also troubling if tobacco ads on this medium are not subject to FDA 
regulations. To view certain ads, a child need only sign onto an 
Internet provider. If an online provider decides to use a tobacco 
advertisement for one of its so-called banner ads, there is no doubt 
that children will see it. Similarly, a child browsing the World Wide 
Web for a research project on camels could end up viewing over 300 web 
pages about or mentioning Joe Camel merely by typing camel on an 
Internet search program.
  I therefore believe restrictions on tobacco advertising should be 
extended to the Internet. Minors comprise a large percentage of 
Internet users in our country and this number is increasing. Although 
this is a welcome indication that our youth has access to information 
that may not be available at their local library or at their school, I 
am concerned that minors may be especially affected by interactive 
tobacco ads.
  Mr. President, I understand that the FDA was reluctant to extend 
their advertising restrictions to the Internet in their last rulemaking 
because they believed tobacco companies had not yet exploited this 
medium. It is true that the majority of tobacco ads currently on the 
Internet are posted by foreigners; however, I am confident that this 
situation will not last. The Internet is a veritable wild West to the 
tobacco industry seeking to hook children.
  It is my hope that, in addition to applying applicable tobacco 
regulations to the Internet, the FDA, perhaps in conjunction with the 
Federal Trade Commission, will develop an effective means of 
implementing the Surgeon General's warning to Internet advertisements.
  Mr. President, I ask unanimous consent that a copy of the bill be 
placed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2184

       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 ``Tobacco-Free Children's 
     Internet Act of 1966''.

     SEC. 2. DEFINITIONS.

       For purposes of this Act, the following definitions shall 
     apply:
       (1) Child.--The term ``child'' means an individual who has 
     not attained the age of 18.
       (2) Cigarette.--The term ``cigarette'' means any roll of 
     tobacco wrapped in--
       (A) paper or any substance not containing tobacco; or
       (B) tobacco if, because of its appearance, type, packaging, 
     or labeling, the roll wrapped in tobacco is likely to be 
     offered to, or purchased by, consumers as a cigarette.
       (3) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of the Food and Drug Administration.
       (4) Internet; interactive computer service.--The terms 
     ``Internet'' and ``interactive computer service'' have the 
     meaning given those terms in section 230(e) of the 
     communications Act of 1934.
       (5) Smokeless tobacco.--The term ``smokeless tobacco'' 
     means any cut, ground, powdered, or leaf tobacco that, 
     because of its appearance, type, packaging, or labeling is 
     likely to be offered to, or purchased by, consumers as a 
     tobacco product to be placed in the oral or nasal cavity.

     SEC. 2. REGULATIONS.

       As soon as practicable after the date of enactment of this 
     Act, the Commissioner shall issue regulations limiting the 
     advertising of cigarettes and smokeless tobacco over the 
     Internet or other interactive computer service within the 
     United States in a manner consistent with the regulations 
     issued by the Commissioner on August 28, 1996, at 61 Fed. 
     Reg. 44396 et seq.
                                 ______