[Congressional Record Volume 143, Number 40 (Tuesday, April 8, 1997)]
[Senate]
[Pages S2853-S2856]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG (for himself, Mr. Durbin, Mr. Harkin, Mr. 
        Wellstone and Mr. Kennedy):

  S. 527. A bill to prescribe labels for packages and advertising for 
tobacco products, to provide for the disclosure of certain information 
relating to tobacco products, and for other purposes; to the Committee 
on Commerce, Science, and Transportation.


               TOBACCO DISCLOSURE AND WARNING ACT OF 1997

  Mr. LAUTENBERG. Mr. President, I rise today to introduce a bill we 
are calling the Tobacco Disclosure and Warning Act of 1997. Frankly, I 
hope we are going to be able to look back at this day and say this was 
a great day for America's children, that this was a great day for the 
future well-being of coming generations.
  I am joined by my Senate colleague from Illinois, Senator Dick 
Durbin,

[[Page S2854]]

who worked with me in the past on establishing a ban on smoking in 
airplanes, he was a Member of the House before, and Senator Harkin from 
Iowa, and Senator Wellstone from Minnesota. They joined me this morning 
in declaring that we are interested this day in the health of our 
children. We want to warn them that a habit that they could be 
induced--if I may use the term more crudely, seduced--into, if they 
join in the tobacco addiction group, that they may be jeopardizing 
their health very seriously.
  Our bill will force tobacco companies to tell the truth, finally, to 
the American people. As witnessed by the Liggett & Myers' settlement, 
which wiped away the secrecy and deception perpetrated by the industry, 
truth is one of the few items in short supply in the tobacco industry. 
This bill will require tobacco manufacturers to disclose the 
ingredients of their product to the public.
  Actually, it is a modest step. Of the hundreds of products on sale in 
America that go into the human body, tobacco products are the only 
ones--the only ones--for which manufacturers do not have to disclose 
the ingredients. Take a company like Coca-Cola, one of the world's 
great companies. They have a proud tradition of keeping their formula 
secret. They have to list Coke's ingredients on every can.
  There is a major difference, of course, between Coca-Cola and 
cigarettes. Coca-Cola does not kill anybody and cigarettes kill 400,000 
people a year--more than 400,000. That is one out of every three new 
users that the industry is trying to recruit. That is according to the 
Centers for Disease Control.
  Manufacturers of every food product and every over-the-counter drug 
disclose their contents. Cigarette manufacturers do not. Can we wonder 
why? Yet, of any consumable product for sale in the United States, it 
is by far among the most deadly.
  When you think about the materials that are in cigarettes, 
carcinogens--43. Should not America know that when you inhale you are 
going to get some arsenic, going to get some benzine, materials that 
are very dangerous to health?
  Lead, we fight all over the place to take lead out of gasoline, take 
lead out of paint. But we sell it to the kids. That is what the tobacco 
industry wants to do. Cadmium, nickel--you would not let your child go 
near these things, yet everyday this industry, these companies, get tax 
deductions to advertise their addictive, health-damaging product--maybe 
lethal.
  Our bill also is going to replace the warnings. We ask, A, they list 
the ingredients. B, we ask also that health warnings on the side of a 
cigarette package be significant, with larger warnings on the front and 
back that are simple and direct, saying: ``Cigarettes kill. Smoking can 
kill you. Cigarettes are addictive. Cigarettes cause heart attacks and 
stroke.''
  It is pretty simple. But maybe, just maybe, then we will be able to 
stop the industry from targeting its recruits for the day. Mr. 
President, 3,000 children, young people, a day, are attracted and start 
smoking. And then they cannot quit.

  These kinds of warnings exist all around the world. Cigarettes kill 
one out of every three, again, I repeat, of its users. Over 400,000 
Americans every year die from smoking and lots more get sick: 
Emphysema, heart attacks, cannot conduct their normal activity, cannot 
associate with their families, cannot show the kids how to hit a ball, 
run a base or go skating or skiing. We should disclose information on 
the ingredients of cigarettes to the public and provide it with 
realistic warnings about the health risks that cigarettes cause. It may 
seem that most smokers know a single cigarette may have hundreds of 
dangerous ingredients, but I doubt it. When a smoker lights a 
cigarette, some of these ingredients burn to create other chemicals, 
and some of these are carcinogenic.
  A Surgeon General's report in 1989 reported that cigarettes contain 
43 carcinogens. The list is here, over 43. I did not know it until 
recently. But the public certainly has a right to know. Do most smokers 
realize that one of these chemicals is arsenic? I do not think so. Our 
bill would disclose that, as well as the other chemical carcinogens in 
cigarettes.
  With all these known dangers about smoking, we should not hide health 
warning labels in small type on the side of a cigarette pack. Other 
countries, countries like Canada, Australia, Thailand, put large labels 
on the front of each pack and they put it, of course, in their native 
language. The United States should provide equal protection to 
consumers. The warnings should be stark, brutal if necessary, and 
easily seen. When cigarettes get in the hands of kids, and 3,000 of 
them take up smoking every day, they ought to be looking at something 
that says: Smoking can kill you. Smoking is addictive. Smoking harms 
athletic performance.
  That is a lot more graphic and descriptive than the small print that 
appears today. We should have no beating around the bush because this 
bush kills you. With large and honest warnings, more children will get 
the message and perhaps some will put down that pack rather than 
lighting it up.
  Mr. President, the 105th Congress should enact this legislation. It 
should not be a partisan issue. In the coming weeks I expect this bill 
will attract cosponsors from both sides of the aisle. The public has a 
right to know. They have a right to know the truth. Unless Congress 
forces the industry's hand, it will never fully disclose to customers 
what it puts in its product, what it puts in their products.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 527

       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 Disclosure and 
     Warning Act of 1997''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) Tobacco products are the largest preventable cause of 
     illness and premature death, responsible for one of every 5 
     deaths in the United States.
       (2) Tobacco is a uniquely harmful product in that it is the 
     only product which kills when used as intended.
       (3) Cigarettes and spit tobacco products are powerfully 
     addictive because they contain nicotine which is a poisonous, 
     addictive drug.
       (4) Tobacco-related addiction is a pediatric disease. The 
     vast majority of new smokers are teenagers or younger and 
     children are beginning to smoke today at a younger age than 
     ever before.
       (5) The United States health care system spends an 
     estimated $50 billion a year to treat diseases caused by 
     tobacco use. In addition, the United States economy loses $50 
     billion a year from lost productivity due to tobacco-related 
     illnesses and premature death.
       (6) The nicotine in tobacco products is responsible for the 
     addiction of up to one half of all children who experiment 
     with tobacco.
       (7) More than 3,000 children begin smoking each day. An 
     estimated 1,000 of them will die from a tobacco-related 
     illness.
       (8) Tobacco manufacturers manipulate the levels and 
     presence of the drug nicotine in their products with the 
     intent to cause and sustain addiction in consumers.
       (9) In 1997 the tobacco industry will spend over $5 billion 
     on advertising and promotion to attract new users, retain 
     current users, increase current consumption, and generate 
     favorable long-term attitudes toward smoking and tobacco use.
       (10) The Federal Government has a substantial interest in 
     ensuring that those who do not use tobacco products are not 
     encouraged to use them and those who use tobacco products are 
     discouraged from continuing their use.
       (11) A failure to provide adequate and complete health 
     warnings and labeling information to fully inform consumers 
     about the risks and dangers of tobacco use is misleading.
       (12) Health warnings on cigarette packages have not been 
     updated since 1984 and do not fully reflect current 
     scientific knowledge on the adverse health effects of tobacco 
     use.
       (13) The display format of tobacco health warnings can be 
     more effective as a vehicle for promoting public knowledge of 
     the health risks.
       (14) Health warnings are most effective when directed at 
     those people who are tempted to try smoking, who are 
     experimenting with smoking, or who are considering a decision 
     to quit smoking.
       (15) Health warnings will be most effective when they are 
     present each time the opportunity to use a tobacco product 
     occurs and each time tobacco products are promoted and 
     advertised.
       (16) Changes in warning format and revisions in the text of 
     health warnings further the Federal government's commitment 
     to reduce tobacco-related disease and are a low cost means of 
     enhancing the effectiveness of other tobacco reduction 
     programs.

[[Page S2855]]

     SEC. 3. DEFINITIONS.

       As used in this Act:
       (1) The term ``advertisement'' means--
       (A) all newspapers and magazine advertisements and 
     advertising inserts, billboards, posters, signs, decals, 
     banners, matchbook advertising, point-of-purchase display 
     material and all other written or other material used for 
     promoting the sale or consumption of tobacco products to 
     consumers,
       (B) advertising at an internet site,
       (C) advertising promotion allowances,
       (D) the appearance on any item (other than cigarettes or 
     other tobacco products) of the brand name (alone or in 
     conjunction with any other word), logo, symbol, motto, 
     selling message, recognizable color or pattern of colors, or 
     any other indicia of product identification identical or 
     similar to, or identifiable with, those used for any brand of 
     cigarettes or other tobacco products,
       (E) any other means used to promote the identification or 
     purchase of tobacco products.
       (2) The term ``brand'' means a variety of tobacco products 
     distinguished by the tobacco used, tar and nicotine content, 
     flavoring used, size of the tobacco product, filtration, or 
     packaging.
       (3) The term ``cigarette'' means--
       (A) any roll of tobacco wrapped in paper or in any 
     substance not containing tobacco which is to be burned,
       (B) any roll of tobacco wrapped in any substance containing 
     tobacco 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 
     described in subparagraph (A),
       (C) little cigars which are any roll of tobacco wrapped in 
     leaf tobacco or any substance containing tobacco (other than 
     any roll of tobacco which is a cigarette within the meaning 
     of subparagraph (A)) and as to which one thousand units weigh 
     not more than 3 pounds, and
       (D) loose rolling tobacco and papers or tubes used to 
     contain such tobacco.
       (4) The term ``constituent'' means any element of tobacco 
     or cigarette mainstream or sidestream smoke, including tar, 
     the components of the tar, nicotine, and carbon monoxide or 
     any other component designated by the Secretary.
       (5) The term ``distributor'' does not include a retailer 
     and the term ``distribute'' does not include retail 
     distribution.
       (6) The term ``ingredient'' means any substance the use of 
     which results, or may reasonably be expected to result, 
     directly or indirectly, in its becoming a component of any 
     tobacco product, including any component of the paper or 
     filter of such product.
       (7) The term ``package'' means a pack, box, carton, or 
     other container of any kind in which cigarettes or other 
     tobacco products are offered for sale, sold, or otherwise 
     distributed to customers.
       (8) The term ``Secretary'' means the Secretary of Health 
     and Human Services.
       (9) The term ``spit tobacco'' means any finely cut, ground, 
     powdered, or leaf tobacco that is intended to be placed in 
     the oral cavity.
       (10) The term ``tar'' means the particulate matter from 
     tobacco smoke minus water and nicotine.
       (11) The term ``tobacco product'' means--
       (A) cigarettes,
       (B) little cigars,
       (C) cigars as defined in section 5702 of the Internal 
     Revenue Code of 1954,
       (D) pipe tobacco,
       (E) loose rolling tobacco and papers used to contain such 
     tobacco,
       (F) products referred to as spit tobacco, and
       (G) any other form of tobacco intended for human 
     consumption.
       (12) The term ``trademark'' means any word, name, symbol, 
     logo, or device or any combination thereof used by a person 
     to identify or distinguish such person's goods from those 
     manufactured or sold by another person and to indicate the 
     source of the goods.
       (13) The term ``United States'' includes the States and 
     installations of the Armed Forces of the United States 
     located outside a State.
       (14) The term ``State'' includes, in addition to the 50 
     States, the District of Columbia, Guam, the Commonwealth of 
     Puerto Rico, the Northern Mariana Islands, the Virgin 
     Islands, American Samoa, and the Trust Territory of the 
     Pacific Islands.

     SEC. 4. PRODUCT PACKAGE LABELING.

       (a) In General.--
       (1) Cigarettes.--
       (A) Warnings.--It shall be unlawful for any person to 
     manufacture, import, package, or distribute for sale within 
     the United States any cigarettes unless the cigarette package 
     bears, in accordance with the requirements of this section, 
     one of the following warning labels:
     WARNING: Cigarettes Kill
     WARNING: Cigarettes Cause Lung Cancer and Emphysema
     WARNING: Cigarettes Cause Infant Death
     WARNING: Cigarettes Cause Heart Attacks and Stroke
     WARNING: Cigarettes Are Addictive
     WARNING: Nicotine Is An Addictive Drug
     WARNING: Cigarette Smoking Harms Athletic Performance
     WARNING: Smoking During Pregnancy Can Harm Your Baby
     WARNING: Cigarette Smoke Is Harmful to Children
     WARNING: Smoke From * Cigarettes Can Cause Cancer in 
     Nonsmokers.

     For purposes of the last warning in the preceding sentence, * 
     denotes the name of the brand of cigarettes required to bear 
     such label.
       (B) Ingredients and constituents.--It shall be unlawful for 
     any person to manufacture, import, package, or distribute for 
     sale within the United States any cigarettes unless the 
     cigarette package contains a package insert, in accordance 
     with the requirements of this section, the ingredients and 
     constituents of the cigarettes which were reported to the 
     Secretary under section 7 and which the Secretary determines 
     should be made public.
       (C) Package insert.--
       (i) In general.--It shall be unlawful for any person to 
     manufacture, import, package, or distribute for sale within 
     the United States any cigarettes unless the cigarette package 
     includes a package insert, prepared in accordance with 
     guidelines established by the Secretary by regulation, on the 
     carcinogens and other substances posing a risk to human 
     health contained in the ingredients and constituents of the 
     cigarettes in such package.
       (ii) Regulations.--The Secretary shall issue regulations 
     requiring the package insert required by clause (i) to 
     provide the information required by such clause (including 
     carcinogens and other dangerous substances) in a prominent, 
     clear fashion and a detailed list of the ingredients and 
     constituents.
       (2) Spit tobacco product.--
       (A) Warnings.--It shall be unlawful for any person to 
     manufacture, import, package, or distribute for sale within 
     the United States any spit tobacco product unless the product 
     package bears, in accordance with the requirements of this 
     section, one of the following warning labels:
     WARNING: Spit Tobacco Causes Mouth Cancer
     WARNING: Spit Tobacco Is Not a Safe Alternative to Cigarettes
     WARNING: Spit Tobacco Is Addictive
     WARNING: Nicotine Is An Addictive Drug
     WARNING: Use of * Spit Tobacco Can Cause Gum Disease
     WARNING: Use of * Spit Tobacco Can Cause Tooth Loss

     For purposes of the last warning in the preceding sentence, * 
     denotes the name of the brand of spit tobacco required to 
     bear such label.
       (B) Ingredients and constituents.--It shall be unlawful for 
     any person to manufacture, import, package, or distribute for 
     sale within the United States any spit tobacco unless the 
     spit tobacco package bears, in accordance with the 
     requirements of this section, the ingredients and 
     constituents of the spit tobacco which were reported to the 
     Secretary under section 7 and which the Secretary determines 
     should be made public.
       (3) Other tobacco products.--
       (A) Warnings.--It shall be unlawful for any person to 
     manufacture, import, package, or distribute for sale within 
     the United States any tobacco product, other than cigarettes 
     or spit tobacco, unless the product package bears, in 
     accordance with the requirements of this section, one of the 
     following warning labels:
     WARNING: Tobacco Kills
     WARNING: Tobacco Causes Lung Cancer and Emphysema
     WARNING: Tobacco Causes Infant Death
     WARNING: Tobacco Causes Heart Attacks and Stroke
     WARNING: Tobacco Is Addictive
     WARNING: Nicotine Is An Addictive Drug
     WARNING: Tobacco Harms Athletic Performance
     WARNING: Tobacco Use During Pregnancy Can Harm Your Baby
     WARNING: Tobacco Smoke Is Harmful to Children
     WARNING: Tobacco Smoke Can Cause Cancer in Nonsmokers
       (B) Ingredients and constituents.--It shall be unlawful for 
     any person to manufacture, import, package, or distribute for 
     sale within the United States any tobacco product subject to 
     subparagraph (A) unless the tobacco product package bears, in 
     accordance with the requirements of this section, the 
     ingredients and constituents of the tobacco product which 
     were reported to the Secretary under section 7 and which the 
     Secretary determines should be made public.
       (b) Label Format.--
       (1) In general.--The warning labels required by paragraphs 
     (1)(A), (2), and (3) of subsection (a) shall--
       (A) appear on the top of the 2 most prominent sides of the 
     product package on which the label is required and 1 label 
     shall be in Spanish,
       (B) be in a size which is not less than 33 percent of the 
     side on which the label is placed,
       (C) appear in white letters on black backing or in black 
     letters on white backing, whichever is more conspicuous and 
     prominent in contrast to the color of the package, except 
     that the words ``WARNING'' shall appear in bright red letters 
     and if the package does not have any color, the words 
     ``WARNING'' shall be in black or white as prescribed by this 
     subparagraph and shall be boldly underlined with a black or 
     white underlining,
       (D) be in a rectangular shape enclosed in a border of color 
     contrasting to the color of the backing prescribed by 
     subparagraph (C) and to the predominant color of the package, 
     and
       (E) include letters in a height, thickness, and type face 
     which assures that the letters in the space provided for the 
     statement will

[[Page S2856]]

     be no less legible, prominent, and conspicuous than the most 
     legible, prominent, and conspicuous typeface, typography, and 
     size of other matter printed on the side of the package on 
     which the label statement appears.
       (2) Format for other cigarette labels.--The label required 
     by paragraph (1)(B) of subsection (a) shall appear on the 
     package in such style and format as the Secretary may by 
     regulation prescribe.
       (c) Rotation.--The warning labels required by paragraphs 
     (1)(A) and (2) of subsection (a) shall be rotated by each 
     manufacturer of cigarettes and spit tobacco products on each 
     brand of cigarettes and spit tobacco products in accordance 
     with a plan approved for the manufacturer by the Secretary. 
     Each such plan shall provide for an approximately even 
     distribution of the labels among the packages of a brand of 
     the cigarettes and spit tobacco products of each manufacturer 
     each year.

     SEC. 5. LABELING IN ADVERTISING.

       (a) In General.--
       (1) Cigarette advertising.--It shall be unlawful for any 
     person to manufacture, import, package, or distribute for 
     sale within the United States any brand of cigarettes unless 
     the advertising for such brand bears the warning label 
     required for cigarettes by section 4(a)(1)(A).
       (2) Spit tobacco.--It shall be unlawful for any person to 
     manufacture, import, package, or distribute for sale within 
     the United States any spit tobacco product unless the 
     advertising for such product bears the warning label required 
     for spit tobacco products by section 4(a)(2)).
       (3) Other tobacco products.--It shall be unlawful for any 
     person to manufacture, import, package, or distribute for 
     sale within the United States any tobacco product, other than 
     cigarettes or spit tobacco, unless the advertising for such 
     product bears the warning label required for such product by 
     section 4(a)(3)).
       (b) Format.--
       (1) Warning labels.--The warning label required by 
     subsection (a) for advertising shall--
       (A) appear in white letters on black backing or in black 
     letters on white backing, whichever is most prominent 
     relative to the color of the advertisement, except that the 
     word ``WARNING'' shall appear in bright red letters and in a 
     advertisement without color ``WARNING'' shall be in black or 
     white as prescribed by this subparagraph and shall be boldly 
     underlined with a black or white underlining,
       (B) be in a rectangular shape which occupies 33 percent of 
     the space of each advertisement and which is located at the 
     top of the advertisement and enclosed in a border of color 
     contrasting to the color of the backing prescribed by 
     subparagraph (A) and to the predominant color of the 
     advertisement of the tobacco product being advertised,
       (C) include letters in a type face and size which, within 
     the space limitation prescribed by subparagraph (B), assure 
     that the letters in the statement will be no less legible, 
     prominent, or conspicuous than the most legible, prominent, 
     and conspicuous typeface, typography, and size of other 
     matter printed on the advertisement, and
       (D) be in the same language as the text of the advertising 
     in which it appears.
       (2) Billboards with lighting.--The warning label on 
     billboards which use artificial lighting shall be no less 
     visible than other printed matter on the billboard when the 
     lighting is in use.
       (c) Rotation.--
       (1) Non-billboard advertising.--Warning labels on 
     advertising (other than billboard advertising) shall be 
     rotated quarterly in alternating sequence for each brand of 
     cigarettes or spit tobacco product manufactured by the 
     manufacturer or imported by the importer in accordance with a 
     plan submitted by the manufacturer or importer and approved 
     by the Secretary.
       (2) Billboards.--Warning labels on advertising displayed on 
     billboards shall be rotated annually or whenever the 
     advertisement is changed, whichever occurs first.

     SEC. 6. AUTHORITY TO REVISE HEALTH WARNINGS.

       The Secretary may by regulation revise any health warning 
     required by section 4(a)(1)(A), 4(a)(2), or 4(a)(3) and the 
     format for the display of such warning if the Secretary finds 
     that such revision would promote greater understanding of the 
     risks of tobacco.

     SEC. 7. TOBACCO PRODUCT INGREDIENTS AND CONSTITUENTS.

       (a) General Rule.--Each person which manufactures, 
     packages, or imports into the United States any tobacco 
     product shall annually report, in a form and at a time 
     specified by the Secretary by regulation--
       (1) the identity of any added constituent of the tobacco 
     product other than tobacco, water, or reconstituted tobacco 
     sheet made wholly from tobacco, and
       (2) the nicotine, tar, and carbon monoxide yield ratings 
     which shall accurately predict the nicotine, tar, and carbon 
     monoxide intake from such tobacco product for average 
     consumers based on standards established by the Secretary by 
     regulation,
     if such information is not information which the Secretary 
     determines to be trade secret or confidential information 
     subject to section 552(b)(4) of title 5, United States Code, 
     and section 1905 of title 18, United States Code. The 
     constituents identified under paragraph (1) shall be listed 
     in descending order according to weight, measure, or 
     numerical count. If any of such constituents is carcinogenic 
     or otherwise poses a risk to human health, as determined by 
     the Secretary, such information shall be included in the 
     report.
       (b) Public Dissemination.--The Secretary shall review the 
     information contained in each report submitted under 
     subsection (a) and if the Secretary determines that such 
     information directly affects the public health, the Secretary 
     shall require that such information be included in a label 
     under sections 4(a)(1)(B), 4(a)(2)(B), and 4(a)(3)(B).
       (c) Other Sources of Information.--The Secretary shall 
     establish a toll-free telephone number and a site on the 
     Internet which shall make available additional information on 
     the ingredients of tobacco products, except information which 
     the Secretary determines to be trade secret or confidential 
     information subject to section 552(b)(4) of title 5, United 
     States Code, and section 1905 of title 18, United States 
     Code.

     SEC. 8. ENFORCEMENT.

       (a) In General.--
       (1) The Secretary shall carry out the Secretary's duties 
     under this Act through the Commissioner of Food and Drugs.
       (2) The Secretary shall issue such regulations as may be 
     appropriate for the implementation of this Act. The Secretary 
     shall issue proposed regulations for such implementation 
     within 180 days of the date of the enactment of this Act. Not 
     later than 180 days after the date of the publication of such 
     proposed regulations, the Secretary shall issue final 
     regulations for such implementation. If the Secretary does 
     not issue such final regulations before the expiration of 
     such 180 days, the proposed regulations shall become final 
     and the Secretary shall publish a notice in the Federal 
     Register about the new status of the proposed regulations.
       (3) In carrying out the Secretary's duties under this Act, 
     the Secretary shall, as appropriate, consult with such 
     experts as may have appropriate training and experience in 
     the matters subject to such duties.
       (4) The Secretary shall monitor compliance with the 
     requirements of this Act.
       (5) The Secretary shall recommend to the Attorney General 
     such enforcement actions as may be appropriate.
       (b) Injunction.--
       (1) The district courts of the United States shall have 
     jurisdiction over civil actions brought to restrain 
     violations of sections 4 and 5. Such a civil action may be 
     brought in the United States district court for the judicial 
     district in which any substantial portion of the violation 
     occurred or in which the defendant is found or transacts 
     business. In such a civil action, process may be served on a 
     defendant in any judicial district in which the defendant 
     resides or may be found and subpoenas requiring attendance of 
     witnesses in any such action may be served in any judicial 
     district.
       (2) Any interested organization may bring a civil action 
     described in paragraph (1). If such an organization 
     substantially prevails in such an action, the court may award 
     it reasonable attorney's fees and expenses. For purposes of 
     this paragraph, the term ``interested organization'' means 
     any nonprofit organization one of whose purposes, and a 
     substantial part of its activities, include the promotion of 
     public health through reduction in the use of tobacco 
     products.
       (c) Civil Penalty.--Any person who manufactures, packages, 
     distributes, or advertises a tobacco product in violation of 
     section 4 or 5 shall be subject to a civil penalty of not 
     more than $100,000 for each violation per day.

     SEC. 9. LIABILITY.

       Compliance with any requirement of this Act, the Federal 
     Cigarette Labeling and Advertising Act (15 U.S.C. 1331 et 
     seq.), or the Comprehensive Smokeless Tobacco Health 
     Education Act of 1986 (15 U.S.C. 4401 et seq.) shall not 
     relieve any person from liability to any other person at 
     common law or under State statutory law.

     SEC. 10. EFFECTIVE DATES AND CONFORMING AMENDMENTS.

       (a) Effective Dates.--This Act shall take effect on the 
     date of the enactment of this Act, except that
       (1) sections 4, 5, and 7 shall take effect one year after 
     the date of the enactment of this Act,
       (2) section 6 shall take effect 3 years after the date of 
     the enactment of this Act.
       (b) Conforming Amendments.--Effective one year from the 
     date of the enactment of this Act, the Federal Cigarette 
     Labeling and Advertising Act (other than sections 6, 9, 10, 
     and 11) (15 U.S.C. 1331 et seq.) and the Comprehensive 
     Smokeless Tobacco Health Education Act of 1986 (other than 
     sections 1, 2, 3(f), and 8) (15 U.S.C. 4401 et seq.) are 
     repealed.

                          ____________________