[Congressional Record Volume 155, Number 92 (Thursday, June 18, 2009)]
[Extensions of Remarks]
[Page E1493]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           FAMILY SMOKING PREVENTION AND TOBACCO CONTROL ACT

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                               speech of

                           HON. MIKE McINTYRE

                           of north carolina

                    in the house of representatives

                         Friday, June 12, 2009

  Mr. McINTYRE. Madam Speaker, I rise to discuss a technical but 
important matter. H.R. 1256 would permit the use of brand names and 
logos on roll-your-own paper, as well as cigarettes and smokeless 
tobacco. The U.S. Congress has correctly recognized the necessity of 
allowing RYO manufacturers to put their brand names on the paper that 
is used to assemble RYO cigarettes. However, I am concerned that 
language only naming one component and not the other necessary 
components could lead to a prohibition on branding for tubes, rollers, 
injectors and filters. These are items that are used by individuals in 
their homes for purposes of making their own cigarettes, and not seen 
by others. They have none of the attributes which have caused the 
restriction of the use of logos on other items such as t-shirts.
  For more than 100 years, these types of RYO making components have 
been marketed with company brand names and logos. This practice helps 
consumers easily identify which components and accessories to use and 
helps companies establish good-will with their customers. Yet, this 
practice will unnecessarily be forced to come to an end unless 
components other than RYO paper are included within the FDA's final 
rule on product branding. The intent of this legislation dictates that 
the branding prohibition does to not apply to entities that do not meet 
the definition of a manufacturer or importer of cigarettes or smokeless 
tobacco. Any final rule promulgated by FDA should recognize that RYO 
papers and all necessary components are permitted branding authority.

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