[Congressional Record Volume 144, Number 61 (Thursday, May 14, 1998)]
[Extensions of Remarks]
[Page E857]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page E857]]



      INTRODUCTION OF THE TEEN TOBACCO USE PREVENTION ACT OF 1998

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                            HON. FRED UPTON

                              of michigan

                    in the house of representatives

                         Thursday, May 14, 1998

  Mr. UPTON. Mr. Speaker, I rise today in support of legislation that I 
am introducing to address a very serious and growing problem in this 
country--tobacco use by our youth. I have long been concerned about the 
increasing number of teens--and increasingly younger teens--who start 
smoking every year. Every day, 3,000 teens begin smoking. Teenagers 
typically begin to smoke at 14\1/2\ and become daily smokers before age 
18. We know that if individuals do not start smoking as teenagers, they 
will probably never smoke. For many thousands of Americans, 
discouraging teens from tobacco use and making it much more difficult 
for them to purchase tobacco products is literally a matter of life and 
death.
  That is why I am introducing the ``Teen Tobacco Use Prevention Act of 
1998.'' This legislation amends the Federal Food, Drug, and Cosmetic 
Act to keep tobacco products out of the hands of our nation's children, 
strengthen warning labels, and restrict tobacco product advertisements. 
Specifically, the legislation includes the following provisions:
  1. Content and warning labels. Requires more complete product 
constituent labeling and increases the number, prominence, and strength 
of tobacco product warning labels on packages and print ads. Includes 
the requirement that the FDA promulgate a rule governing the testing, 
reporting, and disclosure of tobacco smoke constituents that the Agency 
determines the public should be informed of to protect public health. 
Prohibits the advertising of cigarettes and little cigars on media 
subject to FCC jurisdiction.
  2. Statement of intended use. Requires manufacturers, distributors, 
and retailer advertising of tobacco products to include, after the 
product name, a statement of intended use as specified in the bill. For 
cigarettes, for example, the intended use statement is: ``Cigarettes--A 
Dangerous Tobacco Product Intended For Use Only By Persons 18 or 
Older.''
  3. Vending machine sales. Prohibits the sale of cigarettes or 
smokeless tobacco products from vending machines, except in those 
locations in which the retailer or operator ensures that no person 
younger than 18 years of age is present or permitted to enter at any 
time. Includes a provision requiring the FDA to monitor compliance with 
the vending provisions for two years and to propose additional 
restrictions if there is evidence that young people are continuing to 
purchase tobacco products from vending machines.
  4. Minimum age. Prohibits the sale or distribution of tobacco 
products to anyone younger than 18 years of age. Permits states to set 
a higher age. Requires retailers to verify that purchasers are 18 or 
older by checking identification that includes the bearer's date of 
birth and photograph for anyone 26 years of age or younger. Includes 
civil monetary penalties for the sale of tobacco products to minors. 
For the first offense, the FDA will send a letter to the violator 
describing the law, describing the violation, and describing the 
potential liability facing the retailer for subsequent violations. For 
the second violation, the penalty shall be $250. For the third, $500. 
The penalty will double in size for each subsequent violation.
  5. Enforcement. States are required to strictly enforce restrictions 
on sales to minors and report annually on their progress in reducing 
such sales and the strategies they are or will be using. States are 
required to conduct random, unannounced inspections to ensure 
compliance. If states fail to comply, the Secretary is authorized to 
reduce their Substance Abuse Prevention and Treatment allotments.
  6. Individual cigarettes and packages of less than 20. Prohibits 
sales or distribution of either.
  7. Sampling. Prohibits.
  8. Distribution through the mail. Prohibits the distribution of 
tobacco products through the mail, except for mail order sales subject 
to proof of age requirements. Manufacturers or others who wish to 
distribute tobacco products through the mail must first file with the 
Secretary of HHS for approval of the system they will use to ensure 
that these products will go only to persons 18 years of age or older. 
The Secretary will review these sales after two years to determine 
whether minors are obtaining tobacco products through the mail. Imposes 
the same penalties as those imposed for sales to minors.
  9. Tobacco product use reduction targets. Requires the Secretary of 
HHS to establish a benchmark rate of current tobacco use by children 
and adolescents, measure youth tobacco product use annually, and report 
this information to Congress three years from the date of enactment, 
together with recommendations for additional recommendations if rates 
are not substantially declining (declining at a rate that would produce 
a 35 percent or greater reduction in the rate of youth tobacco use five 
years from the date of enactment; at least 50 percent by the seventh 
year; and at least 80 percent by the tenth year).
  10. Effective Date. January 1, 1999.
  Mr. Speaker, I am introducing this legislation because I believe that 
reducing teens' access to tobacco products and desire to use them must 
be at the heart of any tobacco initiatives we consider this year. I am 
very open to suggestions for improvements in the legislation I am 
introducing today, and I am most interested in working with my 
colleagues on both sides of the aisle to pass meaningful tobacco 
control and reform legislation in this session of Congress.

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