[Congressional Record Volume 146, Number 94 (Wednesday, July 19, 2000)]
[Senate]
[Pages S7238-S7240]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN:
  S. 2889. A bill to amend the Federal Cigarette Labeling and 
Advertising Act and the Comprehensive Smokeless Tobacco Health 
Education Act of 1986 to require warning labels for tobacco products; 
to the Committee on Commerce, Science, and Transportation.


         the stronger tobacco warning labels to save lives act

 Mr. DURBIN. Mr. President, today I am introducing the Stronger 
Tobacco Warning Label to Save Lives Act. This legislation would replace 
the current cigarette warning label on tobacco products with larger, 
more direct messages that will have an impact on current smokers and 
potential smokers who are usually children. The Stronger Tobacco 
Warning Label to Save Lives Act will require a new series of warning 
labels modeled after new, more effective warning labels in Canada.
  On January 19, 2000, Canadian Health Minister Allan Rock unveiled new 
and larger health warning labels for tobacco products which include 
color graphics and images that illustrate the damage that cigarettes do 
to the health of smokers and those around them. These warning labels 
will cover 50% of the front and back panels of tobacco products--one 
side in English and the other in French--and provide more information 
on the harmful ingredients in tobacco products. These new warning 
labels apply to all tobacco products. They will take effect on January 
1, 2001.
  After the U.S. Surgeon General publicly announced the dangers of 
tobacco use in 1965, the U.S. became the first country to impose 
mandatory health warning labels on all cigarette packs. In 1984, the 
U.S. replaced that label with a system of four rotating warning labels. 
Since then, the U.S. cigarette warning labels have become stale and 
ineffective. Many smokers have memorized all of the current warning 
labels. Others never notice the warnings because they are placed 
inconspicuously the side of the pack.
  Other countries have since taken the lead and required stronger 
health warning labels. These labels have been effective in reducing 
smoking rates. For example, in South Africa, tobacco consumption 
decreased by 15% between 1994 and 1997 due to a combination of radio 
advertising campaigns, increased excise taxes on cigarettes, and new 
health warning labels. Fifty-eight percent of smokers said that the 
cigarette warning labels made them want to quit, cut down on smoking, 
or at least change to a lighter cigarette. Among non-smokers, 38% said 
that the warnings made them glad they had never started smoking.
  The tobacco industry's massive expenditures on tobacco product 
promotion and public relations have ensured that, over time, Americans 
have seen more positive than negative imagery surrounding tobacco. The 
Stronger Tobacco Warning Label to Save Lives Act will ensure that every 
time someone lights up, the first thing that comes to mind is the 
health consequences--not the alluring lifestyle images associated with 
tobacco industry marketing. Too many young people smoke because they 
are led to believe it's cool and glamorous, when the truth is that 
tobacco kills.
  Because tobacco products are highly addictive for many users, and 
because most users start using tobacco at a very young age, the 
standard of warning for tobacco must be much higher than for other 
products. The warning labels should at least be as prominent in selling 
the health message as the industry's design is effective in promoting 
the product. This is not about banning or regulating a legal product, 
this is about providing the consumer with the appropriate information 
so they can make an informed decision.
  Mr. President, I urge my colleagues to join me in cosponsoring this 
important legislation to ensure that every time someone lights up, the 
first thing that comes to mind are the health consequences--not the 
alluring lifestyle images associated with tobacco industry marketing. I 
ask unanimous consent that a copy of the legislation be printed in the 
Congressional Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2889

       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 ``Stronger Tobacco Warning 
     Labels to Save Lives Act''.

     SEC. 2. AMENDMENT TO FEDERAL CIGARETTE AND LABELING 
                   ADVERTISING ACT.

       (a) Amendment.--The Federal Cigarette Labeling and 
     Advertising Act (15 U.S.C. 1331 et seq.) is amended by 
     striking section 4 and inserting the following:

     ``SEC. 4. LABELING.

       ``(a) Label.--
       ``(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, a warning label.
       ``(2) Regulations.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall promulgate 
     regulations describing the warning label required by 
     paragraph (1).
       ``(3) Content of label.--The regulations promulgated under 
     paragraph (2) shall ensure that the text of each warning 
     label addresses one of the following:
       ``(A) Diseases or fatal health conditions caused by 
     cigarette smoking.
       ``(B) Any physical addiction that results from cigarette 
     smoking.
       ``(C) The influence that cigarette smoking by adults has on 
     young children and teenagers and the consequences of such 
     use.
       ``(D) The health hazards of secondhand smoke from 
     cigarettes.
       ``(4) Graphics.--
       ``(A) In general.--The regulations promulgated under 
     paragraph (2) shall ensure that each warning label contains a 
     color graphic or picture that illustrates or emphasizes to 
     the greatest practicable extent the message of the text of 
     the corresponding warning label.
       ``(B) Contents.--The graphics described in subparagraph (A) 
     shall enhance the message of the text of the warning label 
     and may include a color picture of one of the following:

[[Page S7239]]

       ``(i) A diseased lung, heart, or mouth.
       ``(ii) An individual suffering from addiction.
       ``(iii) Children watching an adult smoke a cigarette.
       ``(iv) An individual adversely affected by secondhand smoke 
     from a cigarette, including pregnant women or infants.
       ``(b) Advertising.--It shall be unlawful for any 
     manufacturer or importer of cigarettes to advertise or cause 
     to be advertised within the United States any cigarette 
     unless the advertising bears, in accordance with the 
     requirements of this section, one of the warning label 
     statements required by subsection (a).
       ``(c) Requirements for Labeling.--
       ``(1) Location.--Each label statement required by 
     subsection (a) shall be located on the upper portion of the 
     front panel of the cigarette package (or carton) and occupy 
     not less than 50 percent of such front panel.
       ``(2) Type and color.--Each label statement required by 
     subsection (a) shall be printed in at least 17 point type 
     with adjustments as determined appropriate by the Secretary. 
     All the letters in the label shall appear in conspicuous and 
     legible type, in contrast by typography, layout, or color 
     with all other printed material on the package, and be 
     printed in a black-on-white or white-on-black format as 
     determined appropriate by the Secretary.
       ``(d) Requirements for Advertising.--
       ``(1) Location.--Each label statement required by 
     subsection (b) shall occupy not less than 50 percent of the 
     area of the advertisement involved.
       ``(2) Type and color.--
       ``(A) Type.--Each label statement required by subsection 
     (b) shall be printed in a point type that is not less than 
     the following types:
       ``(i) With respect to whole page advertisements on 
     broadsheet newspaper--45 point type.
       ``(ii) With respect to half page advertisements on 
     broadsheet newspaper--39 point type.
       ``(iii) With respect to whole page advertisements on 
     tabloid newspaper--39 point type.
       ``(iv) With respect to half page advertisements on tabloid 
     newspaper--27 point type.
       ``(v) With respect to DPS magazine advertisements--31.5 
     point type.
       ``(vi) With respect to whole page magazine advertisements--
     31.5 point type.
       ``(vii) With respect to 28cm x 3 column advertisements--
     22.5 point type.
       ``(viii) With respect to 20cm x 2 column advertisements--15 
     point type.
     The Secretary may revise the required type sizes as the 
     Secretary determines appropriate within the 50 percent 
     requirement.
       ``(B) Color.--All the letters in the label under this 
     paragraph shall appear in conspicuous and legible type, in 
     contrast by typography, layout, or color with all other 
     printed material and be printed in an alternating black-on-
     white and white-on-black format as determined appropriate by 
     the Secretary.
       ``(e) Rotation of Label Statements.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     label statements specified in subsections (a) and (b) shall 
     be rotated by each manufacturer or importer of cigarettes 
     quarterly in alternating sequence on packages of each brand 
     of cigarettes manufactured by the manufacturer or importer 
     and in the advertisements for each such brand of cigarettes 
     in accordance with a plan submitted by the manufacturer or 
     importer and approved by the Federal Trade Commission. The 
     Federal Trade Commission shall approve a plan submitted by a 
     manufacturer or importer of cigarettes which will provide the 
     rotation required by this subsection and which assures that 
     all of the labels required by subsections (a) and (b) will be 
     displayed by the manufacturer or importer at the same time.
       ``(2) Application of other rotation requirements.--
       ``(A) In general.--A manufacturer or importer of cigarettes 
     may apply to the Federal Trade Commission to have the label 
     rotation described in subparagraph (C) apply with respect to 
     a brand style of cigarettes manufactured or imported by such 
     manufacturer or importer if--
       ``(i) the number of cigarettes of such brand style sold in 
     the fiscal year by the manufacturer or importer preceding the 
     submission of the application is less than \1/4\ of 1 percent 
     of all the cigarettes sold in the United States in such year; 
     and
       ``(ii) more than \1/2\ of the cigarettes manufactured or 
     imported by such manufacturer or importer for sale in the 
     United States are packaged into brand styles which meet the 
     requirements of clause (i).
     If an application is approved by the Commission, the label 
     rotation described in subparagraph (C) shall apply with 
     respect to the applicant during the 1-year period beginning 
     on the date of the application approval.
       ``(B) Plan.--An applicant under subparagraph (A) shall 
     include in its application a plan under which the label 
     statements specified in subsection (a) will be rotated by the 
     applicant manufacturer or importer in accordance with the 
     label rotation described in subparagraph (C).
       ``(C) Other rotation requirements.--Under the label 
     rotation which the manufacturer or importer with an approved 
     application may put into effect, each of the labels specified 
     in subsection (a) shall appear on the packages of each brand 
     style of cigarettes with respect to which the application was 
     approved an equal number of times within the 12-month period 
     beginning on the date of the approval by the Commission of 
     the application.
       ``(f) Application of Requirement.--Subsection (a) does not 
     apply to a distributor or a retailer of cigarettes who does 
     not manufacture, package, or import cigarettes for sale or 
     distribution within the United States.
       ``(g) Cigars; Pipe Tobacco.--
       ``(1) In general.--The Secretary shall promulgate such 
     regulations as may be necessary to establish warning labels 
     for cigars and pipe tobacco. Such regulations shall require 
     content-specific messages regarding health hazards posed by 
     cigars and pipe tobacco, include graphic illustrations of 
     such content messages, as is required under subsection (a), 
     and be formatted in a clear and unambiguous manner, as is 
     required under subsection (a).
       ``(2) Definitions.--In this subsection:
       ``(A) Cigar.--The term `cigar' means any roll of tobacco 
     wrapped in leaf tobacco or in any substance containing 
     tobacco (other than any roll of tobacco that is a cigarette 
     or cigarillo).
       ``(B) Pipe tobacco.--The term `pipe tobacco' means any 
     loose tobacco that, because of the appearance, type, 
     packaging or labeling of such tobacco, is likely to be 
     offered to, or purchased by, consumers as a tobacco to be 
     smoked in a pipe.''
       (b) Effective Date.--The amendment made by this section 
     shall take effect 1 year after the date of enactment of this 
     section.

     SEC. 3. AMENDMENT TO THE COMPREHENSIVE SMOKELESS TOBACCO 
                   HEALTH EDUCATION ACT OF 1986.

       (a) Amendment.--The Comprehensive Smokeless Tobacco Health 
     Education Act of 1986 (15 U.S.C. 4401 et seq.) is amended by 
     striking section 3 and inserting the following:

     ``SEC. 3. SMOKELESS TOBACCO WARNING.

       ``(a) General Rule.--
       ``(1) Label on package.--It shall be unlawful for any 
     person to manufacture, package, or import for sale or 
     distribution within the United States any smokeless tobacco 
     product unless the product package bears, in accordance with 
     the requirements of this section, a warning label.
       ``(2) Label in advertisements.--It shall be unlawful for 
     any manufacturer, packager, or importer of smokeless tobacco 
     products to advertise or cause to be advertised within the 
     United States any smokeless tobacco product unless the 
     advertising bears, in accordance with the requirements of 
     this Act, one of the labels required by paragraph (1).
       ``(b) Regulations.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall promulgate 
     regulations describing the warning labels required under 
     subsection (a).
       ``(c) Content of label.--The regulations promulgated under 
     subsection (b) shall ensure that the text of each warning 
     label addresses one of the following:
       ``(1) Diseases resulting from use of smokeless tobacco 
     products.
       ``(2) Any physical addiction that results from using 
     smokeless tobacco products.
       ``(3) The influence that use of smokeless tobacco products 
     by adults has on young children and teenagers and the 
     consequences of such use.
       ``(d) Number of labels.--The regulations promulgated under 
     subsection (b) shall ensure that not less than 2 warning 
     labels are created for each subject matter described in 
     paragraphs (1), (2), and (3) of subsection (c). Such 
     regulations shall also require that each package of smokeless 
     tobacco bear 1 warning label that shall be rotated in 
     accordance with subsection (g).
       ``(e) Graphics.--
       ``(1) In general.--The regulations promulgated under 
     subsection (b) shall ensure that each warning label required 
     by subsection (a) contains a color graphic or picture that 
     illustrates or emphasizes to the greatest practicable extent 
     the message of the text of the corresponding warning label.
       ``(2) Contents.--The graphics described in paragraph (1) 
     shall enhance the message of the text of the warning label 
     and may include a color picture of one of the following:
       ``(A) A diseased mouth or other physical effect of using 
     smokeless tobacco products.
       ``(B) An individual using a smokeless tobacco product.
       ``(C) Children watching an adult use a smokeless tobacco 
     product.
       ``(f) Format.--
       ``(1) Location.--Each label statement required by 
     subsection (a)(1) shall be located on the principal display 
     panel of the product and occupy not less than 50 percent of 
     such panel.
       ``(2) Type and color.--Each label statement required by 
     subsection (a)(1) shall be printed in 17 point type with 
     adjustments as determined appropriate by the Secretary to 
     reflect the length of the required statement. All the letters 
     in the label shall appear in conspicuous and legible type in 
     contrast by typography, layout, or color with all other 
     printed material on the package and be printed in an 
     alternating black on white and white on black format as 
     determined appropriate by the Secretary.
       ``(g) Advertising and Rotation.--The provisions of sections 
     (d) and (e)(1) of the Federal Cigarette Labeling and 
     Advertising Act (as amended by the Stronger Tobacco Warning 
     Labels to Save Lives Act) shall apply to advertisements for 
     smokeless tobacco products required under subsection (a)(2) 
     and the rotation of the label statements required under 
     subsection (a)(1) on such products.

[[Page S7240]]

       ``(h) Application of Requirement.--Subsection (a) does not 
     apply to a distributor or a retailer of smokeless tobacco 
     products who does not manufacture, package, or import such 
     products for sale or distribution within the United States.
       ``(i) Television and Radio Advertising.--It shall be 
     unlawful to advertise smokeless tobacco or cigars on any 
     medium of electronic communications subject to the 
     jurisdiction of the Federal Communications Commission.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect 1 year after the date of enactment of this 
     section.
                                 ______