[Congressional Record Volume 152, Number 109 (Thursday, September 7, 2006)]
[Senate]
[Pages S9131-S9133]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG (for himself, Mrs. Clinton, Mr. Harkin, Mr. 
        Menendez, Mr. Reed, Mr. Durbin, Mr. Kennedy, and Mr. Leahy):
  S. 3872. A bill to prohibit cigarette manufacturers from making 
claims regarding tar or nicotine yield levels of cigarettes, and for 
other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Mr. LAUTENBERG. Mr. President, I rise to introduce and discuss my 
bill, the ``Truth in Cigarette Labeling Act.'' I wish to thank my 
colleagues, Senators Clinton, Harkin, Menendez, Reed, Durbin, Kennedy 
and Leahy for co-sponsoring this important legislation.
  My bill bans the tobacco industry from using deceptive cigarette 
marketing terms such as ``light'' and ``low tar'' to imply health 
benefits and it prohibits cigarette manufacturers from making any 
claims based on the cigarette testing method established by the Federal 
Trade Commission called the ``FTC Method,'' which measures tar and 
nicotine yields.
  My legislation is consistent with the recent court ruling issued by 
U.S. District Judge Gladys Kessler. Kessler's ruling says cigarette 
manufacturers must stop labeling cigarettes as `'low tar'' or `'light'' 
or `'natural'' or with other `'deceptive brand descriptors which 
implicitly or explicitly convey to the smoker and potential smoker that 
they are less hazardous to health than full-flavor cigarettes.''

[[Page S9132]]

  The tobacco companies are appealing that ruling, which will likely 
tie it up in the courts for a while. This makes it necessary for 
Congress to act now and pass my bill.
  Many smokers switch to cigarette brands advertised as ``low tar'' or 
``light'' out of concern for their health, believing that such 
cigarettes are less risky or a step toward quitting. These claims are 
based on the FTC tar ratings, which are now known to be inaccurate in 
assessing the behavior of actual smokers. Some 85 percent of all 
smokers today smoke these so-called safer cigarettes.
  FTC officials admit the agency's test is flawed. Former FTC 
Commissioner Timothy Muris testified at a Senate Commerce Committee 
hearing on June 11, 2003, that the tar rating system is ``broken.'' The 
FTC has also published a warning to consumers called ``Up In Smoke: The 
Truth About Tar and Nicotine Ratings.'' This alert concludes that 
``cigarette tar and nicotine ratings can't predict the amount of tar 
and nicotine you get from any particular cigarette.'' It is absurd that 
the FTC permits a testing method that FTC officials admit is flawed.
  According to the National Cancer Institute, cigarette tar and 
nicotine yields as measured by the FTC Method don't give smokers a 
meaningful measure with regard to how much tar and nicotine they are 
likely to inhale from smoking a cigarette, and that marketing 
cigarettes as delivering lower amounts of tar using the FTC Method is 
deceptive to consumers.
  Not surprisingly, the tobacco companies have known since 1975 that 
this test doesn't work. The tobacco companies' internal documents show 
that people actually get more tar and the same amount of nicotine when 
they smoke light cigarettes than from smoking regular cigarettes. 
That's because smokers will inhale more deeply and/or frequently to 
draw out the nicotine they're addicted to.
  So, the FTC, the National Cancer Institute and the tobacco companies 
all agree that the FTC testing method doesn't work.
  And all the while, the tobacco companies have been taking advantage 
of this fact and using it to spike the nicotine yield in cigarettes and 
make them more addictive.
  A recently released report by the Massachusetts Department of Public 
Health shows that from 1998 through 2004 cigarette manufacturers 
increased the amount of addictive nicotine delivered to the average 
smoker by 10 percent. Of 179 cigarette brands tested in 2004, an 
astonishing 166 brands fell into the State's highest nicotine yield 
range, including 59 brands that the manufacturers had labeled ``light'' 
and 14 described as ``ultra-light.''
  The increase in nicotine levels went unnoticed because the standard 
government test--the flawed FTC Method--uses a smoking machine that 
fails to mimic real-life smoking behavior. A manufacturer, for example, 
can design a cigarette that will score low in nicotine delivery to the 
machine by placing tiny ventilation holes in the filter to dilute the 
smoke. But in real life, a smoker will often cover the vents with his 
or her lips or fingers, thereby inhaling a higher dose of nicotine.
  Everyone knows nicotine is a highly addictive drug. For tobacco 
companies to spike the amount nicotine at a time when States and the 
Federal Government are creating public health campaigns to curb smoking 
is absolutely deplorable.
  I used to smoke--a lot. Fortunately, my daughter, when she was a 
young girl, convinced me to quit. She said, ``Daddy, they told me at 
school that if you smoke, they will have to put a black box in your 
throat. I don't want you to get a black box in your throat.''
  From that day forward I quit.
  Across America, smokers--men, women, and kids--have their own reasons 
for quitting. I know it's tough to quit. But I want Americans to be 
healthy.
  ``Big Tobacco'' doesn't. They make their money off an addictive 
product that kills people. They have known for decades that their 
product is lethal. They need our kids sick and addicted to make a dime.
  When I came to the Senate, I was determined to do everything I could 
to protect Americans--especially our youth--from the dangers of 
tobacco. I'm proud to say that my work on tobacco control started long 
before it became a mainstream issue.
  I've been protecting Americans from Big Tobacco's lies since 1987, 
when I wrote the bill that banned smoking on planes. In 1989, I wrote 
the requirement that all federally-funded programs for children provide 
a smoke-free environment.
  Those laws changed our culture. Today, we'll try and change it again. 
I urge my colleagues to support my legislation and stop cigarette 
manufacturers from lying to the public.
  My legislation can help America's smokers kick the habit by putting 
out more of big tobacco's big lies. Tobacco-related illnesses kill over 
400,000 Americans every year. My bill can help save America $89 billion 
a year in health care costs. Most important, it can save people's 
lives.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3872

       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 ``Truth in Cigarette Labeling 
     Act of 2006''.

     SEC. 2. PROHIBITION ON CLAIMS REGARDING TAR OR NICOTINE YIELD 
                   LEVELS OF CIGARETTES.

       (a) Findings.--Congress finds the following:
       (1) Cigarette manufacturers (through use of words, 
     graphics, and color) have sold, distributed, and falsely 
     marketed brands of cigarettes to consumers as ``light'', 
     ``low-tar'', ``ultra light'', ``mild'', ``natural'', and 
     ``low-nicotine'' cigarettes, implying that the cigarettes are 
     less harmful than other brands of cigarettes.
       (2) The National Cancer Institute has found that many 
     smokers mistakenly believe that cigarettes with the labels 
     described in paragraph (1) cause fewer health problems than 
     other cigarettes, and this belief misleads smokers who may 
     choose these cigarettes as an alternative to not smoking.
       (3) The Federal Trade Commission has concluded that 
     ``cigarette tar and nicotine ratings cannot predict the 
     amount of tar and nicotine [a person] get[s] from any 
     particular cigarette.''.
       (4) Recent studies have demonstrated that there has been no 
     reduction in risk on a population-wide basis from the 
     cigarettes described in paragraph (1), and such cigarettes 
     may actually increase the risk of tobacco use.
       (5) The dangers of marketing one brand of cigarettes as 
     less harmful than another brand of cigarettes when in fact 
     there are no reduced risks, is a compelling reason for the 
     Government to ensure statements, claims, or other 
     representations about cigarettes are truthful and not 
     deceptive.
       (b) Definitions.--In this section:
       (1) Health descriptor.--The term ``health descriptor'' 
     includes the words ``light'', ``low'', ``low tar'', 
     ``ultralight'', ``mild'', ``natural'', or any other word, or 
     any graphic or color, which reasonably could be expected to 
     result in a consumer believing that smoking such brand may 
     result in a lower risk of disease or be less hazardous to 
     health than smoking another brand of cigarette.
       (2) Brand.--The term ``brand'' means a variety of tobacco 
     product distinguished by the type of tobacco used, tar 
     content, nicotine content, the flavoring used, size, 
     filtration, packaging, logo, registered trademark or brand 
     name, identifiable pattern of colors, or any combination 
     thereof.
       (3) Cigarette.--The term ``cigarette'' has the meaning 
     given such term in section 3(1) of the Federal Cigarette 
     Labeling and Advertising Act (15 U.S.C. 1332(1)), but also 
     includes tobacco, in any form, that is functional in the 
     product, 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 or as roll-your-own tobacco.
       (4) Roll-your-own tobacco.--The term ``roll-your-own 
     tobacco'' means any tobacco which, because of its appearance, 
     type, packaging, or labeling, is suitable for use and likely 
     to be offered to, or purchased by, consumers as tobacco for 
     making cigarettes.
       (c) Prohibition on Use of Health Descriptors and Federal 
     Trade Commission Testing Method.--
       (1) In general.--Notwithstanding any other provision of 
     law, effective 120 days after the date of the enactment of 
     this Act, a cigarette manufacturer may not use a health 
     descriptor on the label or the advertising of any brand of 
     cigarette.
       (2) Prohibition on use of federal trade commission testing 
     method.--Notwithstanding any other provision of law, 
     effective 120 days after the date of the enactment of this 
     Act, a cigarette manufacturer may not make any claims or any 
     other representations based on data derived from the 
     cigarette testing method established by the Federal Trade 
     Commission in effect on the day before the date of the 
     enactment of this Act.
       (3) Enforcement.--

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       (A) Unfair or deceptive act or practice.--A violation of 
     the prohibition described in paragraphs (1) or (2) shall be 
     treated as a violation of a rule defining an unfair or 
     deceptive act or practice prescribed under section 
     18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
     57a(a)(1)(B)).
       (B) Actions by the commission.--The Federal Trade 
     Commission shall enforce this section in the same manner, by 
     the same means, and with the same jurisdiction, powers, and 
     duties as though all applicable terms and provisions of the 
     Federal Trade Commission Act (15 U.S.C. 41 et seq.) were 
     incorporated into and made a part of this section.
                                 ______