I

103D CONGRESS

2D SESSION H. R. 4658

To require the labeling, advertising, and promotion of tobacco products to

disclose the additives to and constituents of the products and tobacco

smoke, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 27, 1994

Ms. SHEPHERD (for herself, Mr. WAXMAN, Mr. DURBIN, Mr. SYNAR, Mr.

MEEHAN, Mr. BARRETT of Wisconsin, and Mr. HILLIARD) introduced the

following bill; which was referred to the Committee on Energy and Commerce

A BILL

To require the labeling, advertising, and promotion of tobacco

products to disclose the additives to and constituents

of the products and tobacco smoke, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Truth in Tobacco La5 beling Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:
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1 (1) The tobacco industry adds chemical addi2 tives to their products that are not required to be

3 disclosed to the public and are not tested for health

4 and safety in a manner comparable to food ingredi5 ents.

6 (2) There is no listing of chemical constituents

7 found in mainstream and sidestream smoke (includ8 ing benzene, arsenic, cyanide, etc.).

9 (3) The labeling of tobacco products does not

10 provide smokers and nonsmokers with full and com11 plete information about tobacco products or any in12 dication of the safety of those products or their in13 gredients.

14 (4) In spite of well established dangers of ciga15 rette smoking and tobacco use, no Federal regu16 latory agency has the comprehensive authority to

17 regulate the labeling and advertising of such prod18 ucts.

19 (5) There is no research publicly available on

20 the impact of chemical additives inhaled by smokers

21 on cancer rates, particularly breast cancer. If re22 search into tobacco products and the safety of their

23 chemical additives indicates a link between smoking

24 and breast or other cancer, consumers have a right

25 to be informed of such information.
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1 SEC. 3. REGULATION OF LABELING, ADVERTISING, AND

2 PROMOTION OF TOBACCO PRODUCTS.

3 Chapter XI of the Federal Food, Drug, and Cosmetic

4 Act is amended by redesignating the section 903 relating

5 to scientific review groups as section 904 and by adding

6 after that section the following:

7 ‘‘SEC. 905. REGULATION OF LABELING, ADVERTISING, AND

8 PROMOTION OF TOBACCO PRODUCTS.

9 ‘‘(a) REGULATIONS.—The Secretary shall promulgate

10 regulations governing the labeling, advertising, and pro11 motion of tobacco products. Such regulations shall require

12 manufacturers of tobacco products to provide to consum13 ers by way of the labeling, advertising, and promotion of

14 tobacco products—

15 ‘‘(1) identification of the chemical additives and

16 constituents found in tobacco products and tobacco

17 smoke on or in each package available to consumers,

18 ‘‘(2) information about the adverse effects of

19 tobacco products, including the potential link to

20 breast or other cancer,

21 ‘‘(3) adequate warnings and directions for use,

22 ‘‘(4) contraindications,

23 ‘‘(5) adequate warnings against use in patho24 logical conditions, and

25 ‘‘(6) any other information deemed necessary

26 by the Secretary.
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1 The warnings required by paragraph (3) shall include the

2 following warning: ‘Unlike food and other consumer prod3 ucts, the additives in cigarettes have not been tested for

4 their impact on human health as an inhaled product’.

5 ‘‘(b) DEFINITIONS.—As used in subsection (a)—

6 ‘‘(1) the term ‘tobacco product’ means ciga7 rettes, cigars, little cigars, pipe tobacco, smokeless

8 tobacco, snuff, and chewing tobacco, and

9 ‘‘(2) the term ‘constituent’ means any element

10 of cigarette mainstream or sidestream smoke which

11 is present in quantities which represent a potential

12 health hazard or where the health effect is unknown.

13 ‘‘(c) EFFECTIVE DATE.—The Secretary shall promul14 gate regulations under subsection (a) not later than the

15 expiration of 18 months after the date of the enactment

16 of this section.’’.

17 SEC. 4. PUBLICATION OF INDUSTRY SUBMISSIONS.

18 Section 7(b) of the Federal Cigarette Labeling and

19 Advertising Act (15 U.S.C. 1335a(b)) is amended—

20 (1) by striking paragraph (2), and

21 (2) by striking ‘‘(1)’’ and redesignating sub22 paragraphs (A), (B), and (C) as paragraphs (1), (2),

23 and (3), respectively.

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