[Congressional Record Volume 147, Number 104 (Tuesday, July 24, 2001)]
[Senate]
[Pages S8135-S8136]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL (for himself, Mr. Hatch, Mr. Leahy, Mr. DeWine, and 
        Mr. Durbin):
  S. 1233. A bill to provide penalties for certain unauthorized writing 
with respect to consumer products; to the Committee on the Judiciary.
  Mr. KOHL. Madam President, I rise today with Senators Hatch, Leahy, 
DeWine, and Durbin to introduce the Product Packaging Protection Act of 
2001. This measure will help prevent and punish a disturbing trend of 
product tampering, the placement of hate-filled literature into the 
boxes of cereal or food that millions of Americans bring home from the 
grocery store every day.
  Opening a box of macaroni and cheese should not be a harrowing 
experience. But too many Americans have recently opened product boxes 
and found offensive, racist, anti-Semitic, pornographic and hateful 
leaflets. In the last few years, food manufacturers have received 
numerous complaints from consumers who report finding such literature 
inserted in their groceries. Hundreds more incidents have likely gone 
unreported. Pizza and cereal boxes appear to be the most frequent 
targets of this hate speech, but any product large enough for a vandal 
to insert an offensive leaflet is a potential target.
  As disturbing as this conduct is, it is equally troubling that no 
Federal law exists. And only a couple of State laws are in place. The 
measure I introduce today will remedy this situation. It is supported 
by the manufacturers whose products are tampered with. It is necessary 
for us to help the American consumer.
  It will empower the government to investigate and punish these 
reprehensible acts. Let me give you one example of how these acts 
impact unsuspecting Americans. This conduct can harm the youngest and 
most impressionable among us.
  Recently, one morning, eight year old Mario Alexander of Chestnut 
Ridge, NJ decided to make himself breakfast one morning. In a kitchen 
cabinet, he found an unopened box of his favorite cereal, Oreo O's. So, 
he grabbed the cereal, a bowl, a spoon, and milk from the refrigerator. 
He then sat down at the kitchen table and opened the cereal box. In 
addition to the sealed bag of cereal inside, he also found a piece of 
paper. When he opened it, he discovered a graphic description of 
abortion. The leaflet also informed Mario that groups like the National 
Organization of Women and the American Civil Liberties Union are 
``Natural Born Killers.'' Imagine his surprise and confusion when he 
found that propaganda, not to mention the shock of his parents. No 
child should be unknowingly exposed to that kind of material. Yet, it 
happens regularly in kitchens across the country.
  These are not isolated occurrences. In fact, Kraft Foods has 
documented over 80 incidents in the past four years alone, almost one 
every two weeks. Of course, there is no way to calculate the number of 
incidents that go unreported. Many manufacturers and distributors share 
Kraft's experience with this type of product tampering. Together, they 
recognize the need for this legislation and have signed a letter 
supporting the introduction and passage of this bill. The supporters of 
this bill include: the American Bakers Association, the American Frozen 
Food Institute, Food Distributors International, General Mills, the 
Grocery Manufacturers of America, the Independent Bakers Association, 
Kellogg's, Kraft Foods, the National Food Processors Association, and 
the National Frozen Pizza Institute.
  No child, indeed no person, should have to face this type of assault 
in the privacy of their homes. But children like Mario Alexander are 
not the only victims of this kind of behavior. The companies that make 
these products have their names and reputations slandered by this 
activity.
  Manufacturers have responded as best they can to these incidents. 
They have undertaken internal reviews to ensure that these leaflets are 
not getting into the products either at the manufacturing plant or 
during distribution. It is not until the products reach the shelves of 
the grocery store that these handbills are inserted, too late for the 
manufacturer or the distributor to do anything about it.
  Unfortunately, when consumers or companies turn to the authorities 
for

[[Page S8136]]

help, they cannot be assisted. According to the Federal Bureau of 
Investigations and the Food and Drug Administration's Office of 
Criminal Investigation, these actions are not covered by federal 
product tampering statutes. Those laws only cover the actual product 
themselves, but not the packaging. In response to incidents in their 
respective states, both New Jersey and California passed laws to 
criminalize this behavior. These States should be commended, but more 
should be done. Federal law needs to be amended accordingly.
  The Product Packaging Protection Act of 2001 would prohibit the 
placement of any writing or other material inside a consumer product 
without the permission of the manufacturer, authorized distributor, or 
retailer. An exception would be made where the manufacturer places 
inserts in the product solely for promotional purposes. The penalty for 
violation of this measure would be a fine of up to $250,000 per offense 
and/or imprisonment of up to three years. Closing this gap in Federal 
law would appropriately punish people whose actions violate the 
integrity of the food product, compromise consumer's faith in the food 
they purchase in the grocery store, and damage the good name and 
reputation of the food manufacturer.
  I look forward to its consideration and passage.
  Mr. President, I ask unanimous consent that a copy of the legislation 
be printed in the Record following the completion of my remarks. I also 
ask unanimous consent that copies of the remarks of cosponsoring 
Senators be printed immediately following my statement.
  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. 1233

       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 ``Product Packaging Protection 
     Act of 2001''.

     SEC. 2. TAMPERING WITH CONSUMER PRODUCTS.

       Section 1365 of title 18, United States Code, is amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f)(1) Whoever, without the consent of the manufacturer, 
     retailer, or authorized distributor, intentionally tampers 
     with a consumer product that is sold in interstate or foreign 
     commerce by knowingly placing or inserting any writing in the 
     consumer product, or the container for the consumer product, 
     before the sale of the consumer product to any consumer shall 
     be fined under this title, imprisoned not more than three 
     years, or both.
       ``(2) As used in paragraph (1) of this subsection, the term 
     `writing' means any form of representation or communication, 
     including handbills, notices, or advertising, that contain 
     letters, words, or pictorial representations.''.

  Mr. HATCH. Mr. President, I am proud to sponsor, along with my good 
friend and esteemed colleague, Senator Kohl, the Product Packaging 
Protection Act of 2001. Other cosponsors include Senator DeWine and the 
distinguished Chairman of the Judiciary Committee, Senator Leahy.
  This bipartisan legislation addresses a troubling development that 
has been increasingly reported over the last several years--the 
discovery by consumers of unauthorized pamphlets placed inside the 
packaging of everyday consumer products, such as breakfast cereal and 
frozen foods. In many cases, unsuspecting consumers, including young 
children, have found offensive messages inserted into the products they 
have purchased, including pamphlets explicitly advocating violence 
against particular racial, ethnic, and religious groups.
  While Federal law currently prohibits tampering with consumer 
products that taints the product, or renders the labeling materially 
false, the law does not currently prohibit someone placing writings in 
or on the product after the product has left the manufacturer's 
control. The legislation being introduced today will close this 
loophole--providing the FBI and other Federal law enforcement agencies 
with jurisdiction to investigate these incidents and bring the 
perpetrators to justice.
  With all the recent focus on protecting our children from corrupting 
influences on the Internet, we should not ignore old-fashioned ``low 
tech'' avenues by which harmful and often hateful messages may be 
disseminated. It is intolerable for the distributors of our foodstuffs 
and other consumer products to become the unwitting carriers of 
offensive harmful messages.
  I look forward to working with Senator Kohl to ensure passage of this 
important legislation.
  Mr. LEAHY. Madam President, I am pleased to join Senator Kohl, and 
others, on introducing the Product Packaging Protection Act of 2001.
  Over the last few years, consumer complaints had been made about 
offensive material being inserted in various consumer products. These 
offensive materials range from neo-Nazi and anti-Semitic hate messages 
to pornographic images and disturbing anti-abortion images. 
Unfortunately, these materials have been found in consumer products 
often used by children, such as cereal boxes. Moreover, such activities 
pose risks to the safety of consumer products, which consumers 
reasonably expect to obtain from the store in pristine condition and 
without those products having been opened by unauthorized individuals.
  To address this problem, this legislation would add a new prohibition 
to the Federal Anti-Tampering Act, 18 U.S.C. Sec.  1365, to prohibit a 
person from intentionally tampering with a consumer product, without 
the consent of the manufacturer, retailer, or authorized distributor by 
inserting a writing in the consumer product or its container prior to 
its sale to a consumer. A person convicted of violating this new 
provision would be subject to a fine or up to two years' imprisonment. 
The term ``tamper'' is defined to mean meddling for the purpose of 
altering, damaging or misusing a product. See Webster's Dictionary. The 
bill describes in precise terms the tampering activity that would fall 
within the new criminal prohibition, and is intended to extend further 
protection to consumer products.

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