[Congressional Record Volume 146, Number 20 (Tuesday, February 29, 2000)]
[Senate]
[Pages S946-S950]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG (for himself, Mr. Lugar, Mr. Durbin, and Mr. L. 
        Chafee):
  S. 2125. A bill to provide for the disclosure of certain information 
relating to tobacco products and to prescribe labels for packages and 
advertising of tobacco products; to the Committee on Commerce, Science, 
and Transportation.


        SMOKER'S RIGHT TO KNOW AND TRUTH IN TOBACCO LABELING ACT

 Mr. LAUTENBERG. Mr. President, today I introduce the Smoker's 
Right to Know and Truth in Tobacco Labeling Act. I am joined by my 
colleagues, Senator Lugar, Senator Durbin, and Senator Chafee.
  Mr. President, the Smoker's Right to Know and Truth in Tobacco 
Labeling Act has two common-sense objectives.
  First, the bill will require tobacco manufacturers to disclose the 
ingredients of their products to the public--including toxic and 
cancer-causing ingredients.
  Second, our bill will replace the small health warnings on the side 
of a cigarette pack with larger warnings on the front and back that are 
simple and direct: ``Cigarettes Cause Cancer.'' ``Cigarettes are 
Addictive.'' ``Smoking Can Kill You.''
  Of the hundreds of products for 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 ingredients. Even Coca-
Cola, with a proud tradition of keeping its formula secret, has to list 
Coke's ingredients on every can.
  Mr. President, manufacturers of every food product and every over-
the- counter drug disclose their contents. Cigarette manufacturers do 
not. Yet, of any consumable product for sale in the United States, 
cigarettes are by far the most deadly.
  One in three smokers will die from a smoking-related disease. That is 
more than 400,000 Americans every year. We should disclose information 
on cigarette ingredients to the public and provide realistic warnings 
about the health risks cigarettes cause.
  Mr. President, how much do smokers really know about the chemicals 
they are inhaling with every puff of cigarette smoke? When a smoker 
lights a cigarette, the burning ingredients create other chemicals. 
Some of these are carcinogenic.
  A Surgeon General's report in 1989 reported that cigarettes contain 
43 carcinogens. Forty-three. The public has a right to know.
  Do most smokers realize that one of these chemicals is arsenic? Yes, 
arsenic. I do not think most smokers know that.
  Our bill will disclose that, as well as the other chemical 
carcinogens in cigarette smoke.
  Mr. President, with all these known dangers about smoking, we should 
not hide the health warning labels in small type on the side of a 
cigarette pack. Other countries, such as Canada, Australia and 
Thailand, put large labels on the front of each pack. The United States 
should provide equal protection to consumers. The warnings should be 
stark, clear, and easily seen.
  When cigarettes get in the hands of children, and with 3,000 children 
becoming regular smokers every day, we have a duty to give them the 
facts: ``Cigarettes Cause Cancer.'' ``Smoking is Addictive.'' ``Smoking 
Can Kill You.''
  That is a lot more graphic and descriptive than the small print that 
appears today. Large and forthright warnings are more likely to be 
seen, read, understood, and recalled. More children--and adults--will 
get the message, and put down the pack rather than lighting up.
  In a recent study of Canadian cigarette pack messages--similar to 
those required by this legislation--half of all smokers who were 
smoking less, or trying to quit, cited cigarette pack messages as 
contributing to their decisions. Larger, bolder warnings can make a 
difference.
  Mr. President, the 106th Congress should enact this legislation. This 
is a bipartisan bill, and I want to thank my cosponsors, Senators 
Lugar, Durbin and Chafee for joining me in this effort. In the coming 
weeks, I expect that this bill will attract more cosponsors from both 
sides of the aisle.
  Mr. President, I ask that the text of this bill be printed in the 
Record.
  The bill follows:

                                S. 2125

       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 ``Smoker's Right to Know and 
     Truth in Tobacco Labeling Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Advertisement.--The term ``advertisement'' means 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, and 
     advertising at an Internet site.
       (2) Brand.--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) Brand style.--The term ``brand style'' means a variety 
     of cigarettes distinguished by the tobacco used, tar and 
     nicotine content, flavoring used, size of the cigarette, 
     filtration on the cigarette, or packaging.
       (4) Carcinogen.--The term ``carcinogen'' means any agent 
     that is determined to be tumorigenic according to the 
     National Toxicology Program or the International Agency

[[Page S947]]

     for Research on Cancer, or that is otherwise known by the 
     manufacturer to be tumorigenic.
       (5) Cigar.--The term ``cigar'' means any roll of tobacco 
     wrapped in leaf tobacco or in any substance containing 
     tobacco, that weighs 3 pounds or more per thousand, and is 
     not a cigarette or little cigar.
       (6) Cigarette.--The term ``cigarette'' means--
       (A) any roll of tobacco wrapped in paper or tobacco leaf 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 or 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 1,000 units weigh not 
     more than 3 pounds, and
       (D) loose rolling tobacco that, because of its appearance, 
     type, packaging, or labeling, is likely to be offered to, or 
     purchased by, consumers as tobacco for making cigarettes.
       (7) Commerce.--The term ``commerce'' means--
       (A) commerce between any State, the District of Columbia, 
     the Commonwealth of Puerto Rico, Guam, the Virgin Islands, 
     American Samoa, Wake Island, Midway Islands, Kingman Reef, or 
     Johnston Island and any place outside thereof;
       (B) commerce between points in any State, the District of 
     Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin 
     Islands, American Samoa, Wake Island, Midway Islands, Kingman 
     Reef, or Johnston Island, but through any place outside 
     thereof; or
       (C) commerce wholly within the District of Columbia, Guam, 
     the Virgin Islands, American Samoa, Wake Island, Midway 
     Islands, Kingman Reef, or Johnston Island.
       (8) Constituent.--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.
       (9) Distributor.--The term ``distributor'' does not include 
     a retailer and the term ``distribute'' does not include 
     retail distribution.
       (10) Ingredient.--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.
       (11) Package.--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.
       (12) Person.--The term ``person'' means an individual, 
     partnership, corporation, or any other business or legal 
     entity.
       (13) Pipe tobacco.--The term ``pipe tobacco'' means any 
     loose 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 smoked in 
     a pipe.
       (14) Sale or distribution.--The term ``sale or 
     distribution'' includes sampling or any other distribution 
     not for sale.
       (15) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (16) Smokeless tobacco.--The term ``smokeless tobacco'' 
     means any product that includes cut, ground, powdered, or 
     leaf tobacco that is intended to be placed in the oral or 
     nasal cavity.
       (17) State.--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.
       (18) Tar.--The term ``tar'' means the particulate matter 
     from tobacco smoke minus water and nicotine.
       (19) Tobacco product.--The term ``tobacco product'' means 
     any product made of or derived from tobacco leaf for human 
     consumption, including cigarettes, cigars, little cigars, 
     loose tobacco, smokeless tobacco, and pipe tobacco.
       (20) Trademark.--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.
       (21) United States.--The term ``United States'' includes 
     the States and installations of the Armed Forces of the 
     United States located outside a State.

     SEC. 3. CIGARETTE PRODUCT PACKAGE LABELING; ADVERTISING 
                   WARNINGS.

       (a) Warning Labels.--
       (1) In general.--It shall be unlawful for any person to 
     manufacture, package, or import for sale or distribution 
     within the United States any cigarettes the package of which 
     fails to bear, in accordance with the requirements of this 
     section, one of the following label statements:
       WARNING: Cigarettes are addictive
       WARNING: Tobacco smoke can harm your children
       WARNING: Cigarettes cause fatal lung disease
       WARNING: Cigarettes cause cancer
       WARNING: Cigarettes cause strokes and heart disease
       WARNING: Smoking during pregnancy can harm your baby
       WARNING: Smoking can kill you
       WARNING: Tobacco smoke causes fatal lung disease in non-
     smokers
       WARNING: Quitting smoking now greatly reduces serious risks 
     to your health
       WARNING: Smoking causes sexual dysfunction.
       (2) List of carcinogens.--
       (A) In general.--It shall be unlawful for any person to 
     manufacture, package, or import for sale or distribution in 
     the United States any cigarettes the package of which fails 
     to bear, in accordance with the requirements of this section, 
     a statement that lists in the manner and order as required by 
     subparagraph (B) certain carcinogens present in that 
     cigarette brand's ingredients or constituents.
       (B) Statement required.--The statement required under 
     subparagraph (A) shall--
       (i) be listed as follows:
       ``CANCER-CAUSING AGENTS: The following cancer-causing 
     agents are inhaled in this product's smoke: [list of 
     carcinogens]'';
       (ii) in the bracketed area in the statement described in 
     clause (i), list carcinogens in the following categories that 
     are present in that cigarette brand's ingredients or 
     constituents in the following descending order--

       (I) inorganic compounds;
       (II) miscellaneous organic compounds;
       (III) aldehydes;
       (IV) carcinogenic tobacco-specific nitrosamines (TSNAs).
       (V) volatile nitrosamines; and
       (VI) if any other carcinogens are present, state the 
     following: ``and other carcinogens''; and

       (iii) display, in bold print, the percentage of any 
     carcinogen listed in clause (ii) relative to the average of 
     such concentration of such carcinogen in the sales weighted 
     average of all cigarettes marketed in the United States.
       (3) Placement; typography.--
       (A) Warning labels.--Each label statement required by 
     paragraph (1) shall be located in the upper portion of the 
     front and rear panels of the package, directly on the package 
     underneath the cellophane or other clear wrapping. Each label 
     statement shall comprise at least the top 33 percent of the 
     front and rear panels of the package. The word ``WARNING'' 
     shall appear in capital letters and all text shall be in 
     conspicuous and legible 17-point bold, uncondensed, sans 
     serif type. Notwithstanding the preceding sentence, the point 
     size may be reduced when the longest line of text exceeds 16 
     typographic characters (letters and space), except that such 
     reduced point size may never be smaller than 15-point and at 
     least 60 percent of the area involved shall be occupied by 
     the required text. The text shall be black on a white 
     background, or white on a black background, in a manner that 
     contrasts, by typography, layout, or color, with all other 
     printed material on the package, in an alternating fashion 
     under the plan submitted under subsection (c)(4).
       (B) List of carcinogens.--Each statement required by 
     paragraph (2) shall be located in the same place that label 
     statements were placed on cigarette packages as of October 
     12, 1984. The text of the statement shall be in conspicuous 
     and legible 9-point uncondensed, sans serif type and shall 
     appear in a conspicuous and prominent format on 1 side of the 
     package. The Secretary may revise type sizes for the text in 
     such an area and in such a manner as the Secretary determines 
     to be appropriate. The term ``CANCER-CAUSING AGENTS'' shall 
     appear in bold capital letters, and the text shall be black 
     on a white background, or white on a black background, in a 
     manner that contrasts, by typography, layout, or color, with 
     all other printed material on the package, except the label 
     statement required under paragraph (1).
       (4) Does not apply to foreign distribution.--The provisions 
     of this subsection do not apply to a manufacturer or 
     distributor of cigarettes which does not manufacture, 
     package, or import cigarettes for sale or distribution within 
     the United States.
       (b) Package Insert.--
       (1) 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 
     carcinogens, toxins, and other substances posing a risk to 
     human health that are contained in the ingredients and 
     constituents of the cigarettes in such package. The Secretary 
     shall include in such guidelines information on the health 
     impact of smoking and smoking cessation as determined to be 
     necessary by the Secretary to advance public health.
       (2) Regulations.--The Secretary shall issue regulations 
     requiring the package insert required by paragraph (1) to 
     provide the information required by such paragraph (including 
     carcinogens and other dangerous substances) in a prominent, 
     clear fashion and a detailed list of the ingredients and 
     constituents.
       (c) Advertising Requirements.--
       (1) In general.--It shall be unlawful for any manufacturer, 
     importer, distributor, or retailer of cigarettes to advertise 
     or cause to be advertised within the United States any 
     cigarette, or any similar tobacco product, unless its 
     advertising bears, in accordance with the requirements of 
     this section--

[[Page S948]]

       (A) one of the label statements specified in paragraph (1) 
     of subsection (a); and
       (B) a list of carcinogens specified in paragraph (2) of 
     subsection (a).
       (2) Typography.--
       (A) Warnings.--
       (i) In general.--Each cigarette advertisement shall include 
     a label statement required by subsection (a)(1) as set forth 
     in this subparagraph.
       (ii) Advertisements.--For press (including magazine and 
     newspaper), poster and billboard advertisements, each such 
     label statement shall comprise at least 30 percent of the 
     area of the advertisement and shall appear in a conspicuous 
     and prominent format and location at the top of each 
     advertisement within the printing safety area. The Secretary 
     may revise the required type sizes in such area in such 
     manner as the Secretary determines appropriate to advance 
     public health.
       (iii) Text.--The word ``WARNING'' shall appear in capital 
     letters, and each label statement shall appear in 
     conspicuous, uncondensed, bold, sans serif type. The text of 
     the label statement shall be black if the background is white 
     and white if the background is black, under the plan 
     submitted under paragraph (4). The label statements shall be 
     enclosed by a rectangular border that is the same color as 
     the letters of the statements and that is twice the width of 
     the vertical stroke of the letter ``I'' in the word 
     ``WARNING'' in the label statements.
       (iv) Point type.--The text of such label statements shall 
     be in a bold typeface pro rata to the following requirements:

       (I) 45-point type for a whole-page broadsheet newspaper 
     advertisement.
       (II) 39-point type for a half-page broadsheet newspaper 
     advertisement.
       (III) 39-point type for a whole-page tabloid newspaper 
     advertisement.
       (IV) 27-point type for a half-page tabloid newspaper 
     advertisement.
       (V) 31.5-point type for a double page spread magazine or 
     whole-page magazine advertisement.
       (VI) 22.5-point type for a 28 centimeter by 3 column 
     advertisement.
       (VII) 15-point type for a 20 centimeter by 2 column 
     advertisement.

       (v) Billboards.--For billboard advertisements, the typeface 
     shall be adjusted so that the text occupies 60-70 percent of 
     the label area. The warning label on billboards that use 
     artificial lighting shall not be less visible than other 
     printed matter on the billboard when the lighting is in use.
       (vi) All label statements.--The label statements shall be 
     in English, except that in the case of--

       (I) an advertisement that appears in a newspaper, magazine, 
     periodical, or other publication that is not in English, the 
     statements shall appear in the predominant language of the 
     publication; and
       (II) in the case of any other advertisement that is not in 
     English, the label statements shall appear in the same 
     language as that principally used in the advertisement.

       (B) List of carcinogens.--Each statement required by 
     subsection (a)(2) in cigarette advertising shall comply with 
     the standards set forth in this subparagraph. For press, 
     poster and billboard advertisements, each such statement 
     shall appear in a conspicuous and prominent format and be 
     located at the bottom of each advertisement within the 
     printing safety area. Each such statement shall comprise not 
     less than 15 percent of the area of the advertisement, with 
     the text of the statement comprising not less than 60 percent 
     and not more than 70 percent of such an area. The Secretary 
     may designate required type sizes in such an area in such a 
     manner as the Secretary determines appropriate to advance 
     public health. The text of such a statement shall be black if 
     the background is white, and white if the background is 
     black, and shall be in type that is otherwise in contrast in 
     typography, layout, or color with all other printed material 
     in the advertisement.
       (3) Adjustment by secretary.--The Secretary may, through a 
     rulemaking under section 553 of title 5, United States Code, 
     adjust the format and type sizes and content for the label 
     statements required by this section or the text, format, and 
     type sizes of any required tar, nicotine yield, or other 
     constituent disclosures, or to establish the text, format, 
     and type sizes for any other disclosures required under the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et. 
     seq.). The text of any such label statements or disclosures 
     shall be required to appear only within the 30 percent area 
     of cigarette advertisements provided by paragraph (2). The 
     Secretary shall promulgate regulations which provide for 
     adjustments in the format and type sizes of any text required 
     to appear in such area to ensure that the total text required 
     to appear by law will fit within such area.
       (4) Marketing requirements.--
       (A) In general.--The label statements specified in 
     subsection (a)(1) shall be randomly displayed in each 12-
     month period, in as equal a number of times as is possible on 
     each brand and brand style of the product and be randomly 
     distributed in all areas of the United States in which the 
     product is marketed in accordance with a plan submitted by 
     the cigarette manufacturer, importer, distributor, or 
     retailer, and approved by the Secretary.
       (B) Rotation.--The label statements specified in subsection 
     (a)(1) shall be rotated quarterly in alternating sequence in 
     advertisements for each brand and brand style of cigarettes 
     in accordance with a plan submitted by the cigarette 
     manufacturer, importer, distributor, or retailer to, and 
     approved by, the Secretary.
       (C) Review of plan.--The Secretary shall review each plan 
     submitted under subparagraph (B) and approve it if the plan--
       (i) will provide for the equal distribution and display on 
     packaging and the rotation required in advertising under this 
     subsection; and
       (ii) assures that all of the label statements required 
     under this section will be displayed by the cigarette 
     manufacturer, importer, distributor, or retailer at the same 
     time.
       (d) Television and Radio Advertising.--It is unlawful to 
     advertise cigarettes on any medium of electronic 
     communications subject to the jurisdiction of the Federal 
     Communications Commission.

     SEC. 4. LABELS AND ADVERTISING WARNINGS FOR SMOKELESS 
                   TOBACCO, CIGARS, AND PIPE TOBACCO.

       (a) Warning Labels.--
       (1) In general.--It shall be unlawful for any person to 
     manufacture, package, or import for sale or distribution 
     within the United States any smokeless tobacco product, cigar 
     product, or pipe tobacco product, or any similar tobacco 
     product, unless the product package bears, in accordance with 
     the requirements of this Act, one of the following label 
     statements:
       (A) Any smokeless tobacco product shall bear one of the 
     following label statements:
       WARNING: Smokeless tobacco causes mouth cancer
       WARNING: Smokeless tobacco causes gum disease and tooth 
     loss
       WARNING: Smokeless tobacco is not a safe alternative to 
     cigarettes
       WARNING: Smokeless tobacco is addictive
       (B) Any cigar product shall bear one of the following label 
     statements:
       WARNING: Cigar smoke causes mouth cancer
       WARNING: Cigar smoke causes throat cancer
       WARNING: Cigar smoke causes lung cancer
       WARNING: Cigars are not a safe alternative to cigarettes
       WARNING: Cigar smoke can harm your children
       (C) Any pipe tobacco product shall bear one of the 
     following label statements:
     WARNING: Pipe smoking causes mouth cancer
     WARNING: Pipe smoking causes throat cancer
     WARNING: Pipe smoking is not a safe alternative to cigarettes
     WARNING: Pipe smoking can harm your children
       (2) Requirements.--
       (A) Location of label statement.--Each label statement 
     required by paragraph (1) shall--
       (i) for any smokeless tobacco or pipe tobacco product, be 
     located on the 2 principal display panels of the product 
     package, and comprise at least 25 percent of each such 
     display panel; and
       (ii) for any cigar product, be located on a band around 
     each cigar that is packaged for individual sale, and for each 
     package of cigars, be located in the upper portion of the 
     front and rear panels of the package and comprise at least 
     the top 33 percent of the front and rear panels of the 
     package.
       (B) Size and text of label statement.--Each label statement 
     required by paragraph (1) shall be in 17-point bold, 
     uncondensed, sans serif type and in black text on a white 
     background, or white text on a black background, in a manner 
     that contrasts by typography, layout, or color, with all 
     other printed material on the package or band, in an 
     alternating fashion under the plan submitted under subsection 
     (b)(3), except that if the text of a label statement would 
     occupy more than 70 percent of the area specified by 
     subparagraph (A), such text may appear in a smaller type 
     size, so long as at least 60 percent of such warning area is 
     occupied by the label statement.
       (3) Introduction.--The label statements required by 
     paragraph (1) shall be introduced by each manufacturer, 
     packager, importer, distributor, or retailer of smokeless 
     tobacco products, cigar products, and pipe tobacco products 
     concurrently into the distribution chain of such products.
       (4) Does not apply to foreign distribution.--The provisions 
     of this subsection do not apply to a manufacturer or 
     distributor of any smokeless tobacco product, cigar product, 
     or pipe tobacco product that does not manufacture, package, 
     or import such products for sale or distribution within the 
     United States.
       (b) Advertisements.--
       (1) In general.--It shall be unlawful for any manufacturer, 
     packager, importer, distributor, or retailer of smokeless 
     tobacco products, cigar products, or pipe tobacco products to 
     advertise or cause to be advertised within the United States 
     any such product unless its advertising bears, in accordance 
     with the requirements of this section, one of the label 
     statements specified in subsection (a) that is applicable to 
     such product.
       (2) Requirements.--Each label statement required by 
     paragraph (1) shall comply with the standards set forth in 
     this paragraph. For press and poster advertisements, each 
     such statement and (where applicable) any required statement 
     relating to tar, nicotine, or other constituent yield shall--
       (A) comprise at least 20 percent of the area of the 
     advertisement, and the warning area shall be delineated by a 
     dividing line of contrasting color from the advertisement; 
     and

[[Page S949]]

       (B) the word ``WARNING'' shall appear in capital letters 
     and each label statement shall appear in conspicuous and 
     legible type.

     The text of the label statement shall be black on a white 
     background, or white on a black background, in an alternating 
     fashion under the plan submitted under paragraph (3).
       (3) Display.--
       (A) Random display.--The label statements specified in 
     subsection (a)(1) shall be randomly displayed in each 12-
     month period, in as equal a number of times as is possible on 
     each brand of the product and be randomly distributed in all 
     areas of the United States in which the product is marketed 
     in accordance with a plan submitted by the manufacturer, 
     importer, distributor, or retailer of smokeless tobacco 
     products, cigar products, or pipe tobacco products and 
     approved by the Secretary.
       (B) Rotation.--The label statements specified in subsection 
     (a)(1) shall be rotated quarterly in alternating sequence in 
     advertisements for each brand of smokeless tobacco product, 
     cigar product, and pipe tobacco product, in accordance with a 
     plan submitted by the tobacco product manufacturer, importer, 
     distributor, or retailer to, and approved by, the Secretary.
       (C) Review of plan.--The Secretary shall review each plan 
     submitted under subparagraph (B) and approve it if the plan--
       (i) will provide for the equal distribution and display on 
     packaging and the rotation required in advertising under this 
     subsection; and
       (ii) assures that all of the label statements required 
     under this section will be displayed by the manufacturer, 
     importer, distributor, or retailer of smokeless tobacco 
     products, cigar products, or pipe tobacco products, at the 
     same time.
       (c) Package Insert.--
       (1) In general.--It shall be unlawful for any person to 
     manufacture, import, package, or distribute for sale within 
     the United States any smokeless tobacco product, cigar 
     product, or pipe tobacco product unless such product, not 
     including a cigar that is sold individually, includes a 
     package insert, prepared in accordance with guidelines 
     established by the Secretary by regulation, on carcinogens, 
     toxins, and other substances posing a risk to human health 
     that are contained in the ingredients and constituents of 
     such product. The Secretary shall include in such guidelines 
     information on the health impact of smoking and smoking 
     cessation as the Secretary determines to be necessary to 
     advance public health.
       (2) Regulations.--The Secretary shall issue regulations 
     requiring the package insert required by paragraph (1) to 
     provide the information required by such paragraph (including 
     carcinogens and other dangerous substances) in a prominent, 
     clear fashion and a detailed list of the ingredients and 
     constituents.
       (d) Television and Radio Advertising.--It is unlawful to 
     advertise smokeless tobacco product, cigar product, or pipe 
     tobacco product on any medium of electronic communications 
     subject to the jurisdiction of the Federal Communications 
     Commission.

     SEC. 5. AUTHORITY TO REVISE WARNING LABEL STATEMENTS.

       The Secretary may, by a rulemaking conducted under section 
     553 of title 5, United States Code, adjust the format, type 
     size, content, and text of any of the warning label 
     statements required by this Act, or establish the format, 
     type size, and text of any other disclosures required under 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
     seq.), or alter the list of carcinogens disclosed on label 
     statements, if the Secretary finds that such a change would 
     promote greater public understanding of the risks associated 
     with the use of tobacco.

     SEC. 6. TOBACCO PRODUCT INGREDIENTS AND CONSTITUENTS.

       (a) General Rule.--Each person that 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 ingredient or constituent of 
     the 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 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 
     ingredients and constituents identified under paragraph (1) 
     shall be listed in descending order according to weight, 
     measure, or numerical count. If any of such constituents are 
     carcinogens, 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 3 and 4.
       (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 such 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. 7. ENFORCEMENT.

       (a) In General.--
       (1) Regulations.--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.
       (2) Consultation.--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.
       (3) Monitoring of compliance.--The Secretary shall monitor 
     compliance with the requirements of this Act.
       (4) Recommendation for enforcement.--The Secretary shall 
     recommend to the Attorney General such enforcement actions as 
     may be appropriate under this Act.
       (b) Injunction.--
       (1) In general.--The district courts of the United States 
     shall have jurisdiction over civil actions brought to 
     restrain violations of this Act. 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) Actions by interested parties.--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 
     this Act shall be subject to a civil penalty of not more than 
     $100,000 for each violation per day.

     SEC. 8. REPORT TO CONGRESS BY THE SECRETARY.

       Not later than 36 months after the date of enactment of 
     this Act and biannually thereafter, the Secretary shall 
     transmit to the Congress a report describing actions taken 
     pursuant to this Act, current practices and methods of 
     tobacco advertising and promotion, and recommendations if any 
     for legislation.

     SEC. 9. EFFECTIVE DATES AND CONFORMING AMENDMENTS.

       (a) Effective Date.--This Act shall take effect on the date 
     of the enactment of this Act, except that section 3, 4, 5 and 
     6 shall take effect 1 year after the date of the enactment of 
     this Act.
       (b) Conforming Amendments.--Effective on the date that is 1 
     year from the date of the enactment of this Act, the Federal 
     Cigarette Labeling and Advertising Act (15 U.S.C. 1331 et 
     seq.) and the Comprehensive Smokeless Tobacco Health 
     Education Act of 1986 (15 U.S.C. 4401) are repealed.

 Mr. LUGAR. Mr. President, I wish to say a few words, and 
perhaps echo some of those of my colleague. I am proud to sponsor this 
important piece of legislation with Senator Lautenberg. I was a co-
sponsor of a similar bill in the last Congress, and am glad to join him 
again in this effort. I also thank my colleagues Senator Durbin and 
Senator Chafee for their co-sponsorship of this good policy initiative.
  Let me start by saying that this bill is about health education and 
responsible individual decision-making. As Mayor of Indianapolis and in 
the U.S. Senate, I have advocated good health and fitness. I have 
integrated running into my daily routine and encourage my staff to do 
the same. In 1977, I founded the annual Dick Lugar Fitness festival in 
Indiana, which is an event I look forward to every year.
  A good health and fitness regimen requires an assumption of personal 
responsibility and an active role on the part of the individual, but it 
also requires a knowledge of two essential components of good health--
proper diet and exercise. I speak on a regular basis on the exercise 
component, but would like to make a couple of basic points about proper 
diet that are well within

[[Page S950]]

the scope of the federal government's responsibilities.
  We have taken great strides in the area of food packaging and 
labeling, pointing out to consumers vitamin and fat content; caloric 
and cholesterol facts. We require data on tests done on artificial 
sweeteners. But, in a product that threatens the life of one out of 
three regular users, we ignore those basic principles.
  Mr. President, we all know that in a food product, the discovery of 
even a single carcinogen can trigger media attack, consumer outrage and 
FDA regulation. However, under current law, a cigarette package is not 
even required to list its ingredients despite the presence of dozens of 
carcinogens. Applying a simple content labeling standard to tobacco in 
the interest of consistency and public health is overdue considering 
the massive health problems inflicted by tobacco.
  As Chairman of the Senate Committee on Agriculture, Nutrition, and 
Forestry, which has jurisdiction over some aspects of tobacco, I 
believe that our government must speak consistently and clearly about 
tobacco's risks. That has not always been the case. In the past, our 
government has sent mixed messages, for example, subsidizing the 
cultivation of tobacco and including cigarettes in military rations, 
even as it warned against tobacco's dangers. If public health warnings 
are to be trusted, they should not be ambiguous. The small, side-panel 
warnings currently in use on tobacco packages are not adequate in 
reflecting the risks of tobacco use as we now know them. We can and we 
should speak the truth with a clearer voice.
  Prominent labels on cigarette packages in plain English would be a 
steady reminder of the risks smokers face when they light up. True, 
almost every smoker understands that cigarettes are bad for health, but 
fewer know the degree of risk.
  Many smokers have tried to quit, some more than once. These labels 
will encourage them in this endeavor and remind them why they should 
try again.
  Most importantly, Mr. President, as Senator Lautenberg stated, the 
warnings will be prominent and readily understood by young Americans, 
thousands of whom light up for the first time every day.
  This bill does not interfere with an adult's freedom to choose to 
smoke, it does not raise tobacco prices, and it does not expand 
government regulatory authority beyond the labeling requirement. It is 
a modest and conservative step, but a decisive and important step in 
good public policy.
 Mr. L. CHAFEE. Mr. President, I am pleased to join Senators 
Lugar, Lautenberg, and Durbin today in introducing the Smoker's Right 
to Know and Truth in Labeling Act, which would require comprehensive 
and prominent labeling of cigarettes. This legislation is a commonsense 
and bipartisan approach to give every American a chance to make an 
informed decision about tobacco use.
  According to the Centers for Disease Control, nearly one in five 
deaths annually are attributed to tobacco use, making it the single 
most preventable cause of premature death, disease and disability 
facing our nation. In fact, more Americans die each year from tobacco 
use than from AIDS, alcohol, drug abuse, car accidents, murders, 
suicides, and fires combined.
  America's children are most at risk. Despite all we know about the 
effects of tobacco, each day, 3,000 kids become regular smokers. Of 
these, 1,000 will eventually die from tobacco-related illnesses. Almost 
90 percent of current adult smokers began at or before age 18.
  Rhode Island--which already has one of the highest rates of teen 
smoking in the nation--has recently seen another increase in teen 
smoking. Today, over 37 percent of Rhode Island's high school kids 
smoke cigarettes. Over 23,000 Rhode Island kids under age 18 will die 
prematurely from tobacco-related illnesses.
  Tobacco manufacturers say that tobacco use is a matter of choice. 
They argue that adults, with the full knowledge of the consequences, 
have the right to choose to smoke. I agree. But I also believe that 
individuals who choose to smoke should be making informed decisions.
  The Smoker's Right to Know and Truth in Tobacco Labelling Act would 
ensure that tobacco users understand the consequences of the choice 
they are making. With comprehensive labelling of cigarette packs, 
adults and especially minors, will know the dangers that cigarettes 
pose to their health and the health of their loved ones.
  This legislation follows on the recent example set by Canada, which 
passed tough labelling guidelines that have worked as a strong 
disincentive to beginning this deadly habit. Under the legislation we 
are introducing today, there will be no mistake about the life-
threatening health effects of tobacco products.
  As the father of three young children, I have a personal stake in 
helping to pass legislation to ensure that our kids do not develop this 
deadly habit. I hope our colleagues in the Senate will join us in 
passing this important, common-sense legislation.
                                 ______