II

105TH CONGRESS

1ST SESSION S. 201

To provide for the establishment of certain limitations on advertisements

relating to, and the sale of, tobacco products, and to provide for the

increased enforcement of laws relating to underage tobacco use, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 23, 1997

Mr. FORD introduced the following bill; which was read twice and referred to

the Committee on Commerce, Science, and Transportation

A BILL

To provide for the establishment of certain limitations on

advertisements relating to, and the sale of, tobacco products, and to provide for the increased enforcement of

laws relating to underage tobacco use, 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 ‘‘Tobacco Products Con5 trol Act of 1997’’.
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1 SEC. 2. AMENDMENT TO FEDERAL CIGARETTE LABELING

2 AND ADVERTISING ACT.

3 The Federal Cigarette Labeling and Advertising Act

4 is amended by inserting after section 7 (15 U.S.C. 1335)

5 the following:

6 ‘‘ADDITIONAL ADVERTISING RESTRICTIONS

7 ‘‘SEC. 7A. (a) BILLBOARDS.—

8 ‘‘(1) IN GENERAL.—It shall be unlawful to ad9 vertise cigarettes on any outdoor billboard that is lo10 cated within 500 feet of any public or private ele11 mentary or secondary school.

12 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

13 apply to any advertisement that is non-brand name

14 specific if such advertisement is erected or main15 tained at street level and affixed to business estab16 lishments selling tobacco products at retail.

17 ‘‘(b) PERIODICALS.—It shall be unlawful to advertise

18 cigarettes in a newspaper, magazine, periodical or other

19 publication if the subscribers of such publication who are

20 under the age of 18 years constitute more than 15 percent

21 of the total subscribership of such publication as certified

22 by the publisher. The Federal Trade Commission shall an23 nually publish a list of the publications that are subject

24 to this subsection.

25 ‘‘(c) STADIA AND ARENAS.—
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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), it shall be unlawful to advertise cigarettes

3 in any arena or stadium where amateur or profes4 sional sporting events or activities occur.

5 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not

6 apply to any advertisement that—

7 ‘‘(A) is contained in a program distributed

8 at a sporting event;

9 ‘‘(B) is displayed at a concession stand

10 that sells cigarettes; or

11 ‘‘(C) is displayed during a sporting event

12 where the sponsor of the event involved has,

13 prior to the event, provided the Federal Trade

14 Commission with a certification that at least 75

15 percent of the attendees of such event are age

16 18 or older.

17 ‘‘(d) LICENSING PAYMENTS.—

18 ‘‘(1) IN GENERAL.—No payment shall be made

19 for the use of a trade or brand name of a non20 tobacco product as the trade or brand name for a

21 cigarette.

22 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

23 apply to a cigarette that uses a trade or brand name
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1 if such trade or brand name was used both for a cig2 arette and a nontobacco product sold in the United

3 States on January 1, 1995.

4 ‘‘(e) TRANSPORTATION ADVERTISEMENTS.—It shall

5 be unlawful to advertise cigarettes in or on taxis, buses,

6 trains, or in subway, bus, or train stations, terminals, or

7 platforms unless the advertisement is displayed at a site

8 where cigarettes are sold.

9 ‘‘(f) MOTION PICTURES.—No payment shall be made

10 by any cigarette manufacturer or any agent thereof for

11 the placement of any cigarette, cigarette package, or ciga12 rette advertisement as a prop in any motion picture pro13 duced for viewing by the general public.

14 ‘‘(g) VIDEO GAMES.—No cigarette brand name or

15 logo shall be placed in a video or on a video game machine,

16 and no brand name or logo may be placed on or within

17 the premises of family amusement centers.

18 ‘‘(h) DEFINITIONS.—As used in this section—

19 ‘‘(1) AMUSEMENT RIDE OR ATTRACTION.—The

20 term ‘amusement ride or attraction’ means—

21 ‘‘(A) any mechanized device or combina22 tion of devices that carry passengers along,

23 around, or over a fixed or restricted course for

24 the purpose of giving its passengers amuse25 ment, pleasure, thrills, or excitement; or
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1 ‘‘(B) any building or structure around,

2 over, or through which individuals may walk,

3 climb, slide, jump or move that provides such

4 individuals with amusement, pleasure, thrills, or

5 excitement;

6 except that such term does not include coin-operated

7 amusement devices that carry no more than 2 indi8 viduals, devices regulated by the Federal Aviation

9 Administration, the Federal Railroad Administration

10 (or State railroad administrations), or vessels under

11 the jurisdiction of the Coast Guard (or State divi12 sion of the water patrol), tractor pulls, auto or mo13 torcycle events, horse shows, rodeos, or other animal

14 shows, games and concessions, nonmechanical play15 ground equipment, or any other devices or struc16 tures designated by the Federal Trade Commission.

17 ‘‘(2) FAMILY AMUSEMENT CENTER.—The term

18 ‘family amusement center’ means an enterprise of19 fering amusement or entertainment to the public

20 through the use of one or more amusement rides or

21 attractions.

22 ‘‘(3) VIDEO GAME.—The term ‘video game’

23 means any electronic amusement device that utilizes

24 a computer, microprocessor, or similar electronic cir25 cuitry and its own cathode ray tube, or is designed
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1 to be used with a television set or a monitor, that

2 interacts with the user of the device.’’.

3 SEC. 3. AMENDMENT TO COMPREHENSIVE SMOKELESS TO4 BACCO HEALTH EDUCATION ACT OF 1986.

5 The Comprehensive Smokeless Tobacco Health Edu6 cation Act of 1986 is amended by inserting after section

7 3 (15 U.S.C. 4402) the following:

8 ‘‘ADVERTISING RESTRICTIONS

9 ‘‘SEC. 3A. (a) BILLBOARDS.—

10 ‘‘(1) IN GENERAL.—It shall be unlawful to ad11 vertise a smokeless tobacco product on any outdoor

12 billboard that is located within 500 feet of any pub13 lic or private elementary or secondary school.

14 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

15 apply to any advertisement that is non-brand name

16 specific if such advertisement is erected or main17 tained at street level and affixed to business estab18 lishments selling tobacco products at retail.

19 ‘‘(b) PERIODICALS.—It shall be unlawful to advertise

20 any smokeless tobacco product in a newspaper, magazine,

21 periodical or other publication if the subscribers of such

22 publication who are under the age of 18 years constitute

23 more than 15 percent of the total subscribership of such

24 publication as certified by the publisher. The Federal

25 Trade Commission shall annually publish a list of the pub26 lications that are subject to this subsection.
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1 ‘‘(c) STADIA AND ARENAS.—

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (2), it shall be unlawful to advertise smokeless

4 tobacco product in any arena or stadium where ama5 teur or professional sporting events or activities

6 occur.

7 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not

8 apply to any advertisement that—

9 ‘‘(A) is contained in a program distributed

10 at a sporting event;

11 ‘‘(B) is displayed at a concession stand

12 that sells smokeless tobacco product; or

13 ‘‘(C) is displayed during a sporting event

14 where the sponsor of the event involved has,

15 prior to the event, provided the Federal Trade

16 Commission with a certification that at least 75

17 percent of the attendees of such event are age

18 18 or older.

19 ‘‘(d) LICENSING PAYMENTS.—

20 ‘‘(1) IN GENERAL.—No payment shall be made

21 for the use of a trade or brand name of a non22 tobacco product as the trade or brand name for a

23 smokeless tobacco product.

24 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

25 apply to a smokeless tobacco product that uses a
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1 trade or brand name if such trade or brand name

2 was used both for a smokeless tobacco product and

3 a nontobacco product sold in the United States on

4 January 1, 1995.

5 ‘‘(e) TRANSPORTATION ADVERTISEMENTS.—It shall

6 be unlawful to advertise smokeless tobacco product in or

7 on taxis, buses, trains, or in subway, bus, or train stations,

8 terminals, or platforms unless the advertisement is dis9 played at a site where smokeless tobacco products are sold.

10 ‘‘(f) MOTION PICTURES.—No payment shall be made

11 by any smokeless tobacco manufacturer or any agent

12 thereof for the placement of any smokeless tobacco prod13 uct, smokeless tobacco package, or smokeless tobacco ad14 vertisement as a prop in any motion picture produced for

15 viewing by the general public.

16 ‘‘(g) VIDEO GAMES.—No smokeless tobacco product

17 brand name or logo shall be placed in a video or on a

18 video game machine, and no brand name or logo may be

19 placed on or within the premises of a family amusement

20 center.

21 ‘‘(h) DEFINITIONS.—As used in this section:

22 ‘‘(1) AMUSEMENT RIDE OR ATTRACTION.—The

23 term ‘amusement ride or attraction’ means—

24 ‘‘(A) any mechanized device or combina25 tion of devices that carry passengers along,
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1 around, or over a fixed or restricted course for

2 the purpose of giving its passengers amuse3 ment, pleasure, thrills, or excitement; or

4 ‘‘(B) any building or structure around,

5 over, or through which individuals may walk,

6 climb, slide, jump or move that provides such

7 individuals with amusement, pleasure, thrills, or

8 excitement;

9 except that such term does not include coin-operated

10 amusement devices that carry no more than 2 indi11 viduals, devices regulated by the Federal Aviation

12 Administration, the Federal Railroad Administration

13 (or State railroad administrations), or vessels under

14 the jurisdiction of the Coast Guard (or State divi15 sion of the water patrol), tractor pulls, auto or mo16 torcycle events, horse shows, rodeos, or other animal

17 shows, games and concessions, nonmechanical play18 ground equipment, or any other devices or struc19 tures designated by the Federal Trade Commission.

20 ‘‘(2) FAMILY AMUSEMENT CENTER.—The term

21 ‘family amusement center’ means an enterprise of22 fering amusement or entertainment to the public

23 through the use of one or more amusement rides or

24 attractions.
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1 ‘‘(3) VIDEO GAME.—The term ‘video game’

2 means any electronic amusement device that utilizes

3 a computer, microprocessor, or similar electronic cir4 cuitry and its own cathode ray tube, or is designed

5 to be used with a television set or a monitor, that

6 interacts with the user of the device.’’.

7 SEC. 4. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.

8 Section 1926 of the Public Health Service Act (42

9 U.S.C. sec. 300x–26) is amended—

10 (1) in subsection (a), by striking paragraph (1)

11 and inserting the following:

12 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

13 for fiscal year 1998 and subsequent fiscal years, the

14 Secretary may make a grant under section 1921

15 only if the State involved has in effect a law provid16 ing that—

17 ‘‘(A) it is unlawful for any manufacturer,

18 retailer, or distributor of cigarettes or smoke19 less tobacco products to sell or distribute any

20 such product to any individual under the age of

21 18, and such manufacturer, retailer, or dis22 tributor shall, in all face to face transactions in23 volving an individual who appears to be under

24 the age of 26, verify such age by means of an
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1 official (issued by the Federal or State govern2 ment) photographic identification containing

3 the date of birth of the bearer;

4 ‘‘(B) no person, firm, partnership, com5 pany, or corporation shall operate a vending

6 machine which dispenses cigarettes or smoke7 less tobacco products unless such vending ma8 chine is in a location that is in plain view and

9 under the direct supervision and control of the

10 individual in charge of the location or his or her

11 designated agent or employee;

12 ‘‘(C) the restrictions described in subpara13 graph (B) shall not apply in the case of a vend14 ing machine that is located—

15 ‘‘(i) at a private club; 

16 ‘‘(ii) at a bar or bar area of a food

17 service establishment;

18 ‘‘(iii) at a factory, warehouse, tobacco

19 business, or any other place of employment

20 which has an insignificant portion of its

21 regular workforce comprised of individuals

22 under the age of 18 years and only if such

23 machines are located in an area that is not

24 accessible to the general public; or
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1 ‘‘(iv) in such other location or made

2 available in another manner that is ex3 pressly permitted under applicable State

4 law;

5 ‘‘(D) it is unlawful for any person engaged

6 in the selling or distribution of cigarettes or

7 smokeless tobacco products for commercial pur8 poses to distribute without charge any ciga9 rettes or smokeless tobacco products, or to dis10 tribute coupons which are redeemable for ciga11 rettes or smokeless tobacco products, except

12 that this subparagraph shall not apply in the

13 case of distribution—

14 ‘‘(i) through coupons contained in

15 publications for which advertising is not

16 restricted under section 7A of the Federal

17 Cigarette Labeling and Advertising Act or

18 section 3A of the Comprehensive Smoke19 less Tobacco Health Education Act of

20 1986, coupons obtained through the pur21 chase of cigarettes or smokeless tobacco

22 products, or coupons sent through the

23 mail;
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1 ‘‘(ii) where individuals can dem2 onstrate, through a photographic identi3 fication card, that the individual is at least

4 18 years of age;

5 ‘‘(iii) in locations that are separately

6 segregated to deny access to individuals

7 under the age of 18; or

8 ‘‘(iv) through such other manners or

9 at other locations that are expressly per10 mitted under applicable State law;

11 ‘‘(E) it is unlawful to for any manufac12 turer, retailer, or distributor of cigarettes or

13 smokeless tobacco products to sell or distribute

14 non-tobacco merchandise related to such ciga15 rettes or smokeless tobacco products unless—

16 ‘‘(i) with respect to a face-to-face

17 transaction, the individual is 18 years of

18 age or older as verified, in the case of an

19 individual who appears to be under the age

20 of 26, by means of an official (issued by

21 the Federal or State government) photo22 graphic identification containing the date

23 of birth of the bearer;

24 ‘‘(ii) with respect to other trans25 actions, the individual involved provides a
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1 signed certification together with a copy of

2 an official (issued by the Federal or State

3 government) photographic identification

4 containing the date of birth of the individ5 ual that such individual is 18 years of age

6 or older; and

7 ‘‘(iii) with respect to items of clothing

8 or hats, such clothing or hat is made avail9 able in only adult sizes;

10 ‘‘(F) it is unlawful for any manufacturer,

11 retailer, or distributor of cigarettes or smoke12 less tobacco products to display those products

13 in a manner that causes those products to be

14 accessible to anyone other than an employee of

15 the manufacturer, retailer, or distributor, ex16 cept that such prohibition shall not apply to a

17 display—

18 ‘‘(i) if the display is located within the

19 physical reach of an employee of the manu20 facturer, retailer, or distributor working at

21 the normal work station of the employee;

22 or

23 ‘‘(ii) if an employee of the manufac24 turer, retailer, or distributor is able to

25 monitor the display through the use of in-
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1 store mirrors, video cameras, or by other

2 means;

3 ‘‘(G) it is unlawful for any retailer to

4 break or otherwise open any cigarette package

5 to sell or distribute individual cigarettes or a

6 number of unpackaged cigarettes that is smaller

7 than the quantity in the minimum cigarette

8 package size of 20 cigarettes, or any quantity

9 of cigarette tobacco that is smaller than the

10 smallest package distributed by the manufac11 turer for individual consumer use; and

12 ‘‘(H) it is unlawful for any retailer to

13 break or otherwise open any smokeless tobacco

14 package to sell or distribute any quantity of

15 smokeless tobacco that is smaller than the

16 smallest package distributed by the manufac17 turer for individual consumer use.’’;

18 (2) in subsection (a)(2)—

19 (A) by striking ‘‘1993’’ and inserting

20 ‘‘1997’’;

21 (B) by striking ‘‘1994’’ and inserting

22 ‘‘1998’’; and

23 (C) by striking ‘‘1995’’ and inserting

24 ‘‘1999’’;

25 (3) in subsection (c)—
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1 (A) in paragraph (1), by striking ‘‘10 per2 cent’’ and inserting ‘‘20 percent’’;

3 (B) in paragraph (2), by striking ‘‘20 per4 cent’’ and inserting ‘‘40 percent’’;

5 (C) in paragraph (3), by striking ‘‘30 per6 cent’’ and inserting ‘‘60 percent’’; and

7 (D) in paragraph (4), by striking ‘‘40 per8 cent’’ and inserting ‘‘80 percent’’;

9 (4) in subsection (d)—

10 (A) in paragraph (1), by striking ‘‘1995’’

11 and inserting ‘‘1999’’; and

12 (B) in paragraph (2), by striking ‘‘1994’’

13 and inserting ‘‘1998’’; and

14 (5) by adding at the end the following:

15 ‘‘(e) ENFORCEMENT.—Any amounts made available

16 to a State through a grant under section 1921 may be

17 used to enforce the laws described in subsection (a).

18 ‘‘(f) DEFINITIONS.—As used in subsection (a)(1), the

19 term ‘private club’ means an organization with no more

20 than an insignificant portion of its membership comprised

21 of individuals under the age of 18 years that regularly

22 receives dues or payments from its members for the use

23 of space, facilities and services.’’.
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1 SEC. 5. AMENDMENT TO FEDERAL FOOD, DRUG, AND COS2 METIC ACT.

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

4 Act (21 U.S.C. 391 et seq.) is amended by adding at the

5 end the following:

6 ‘‘SEC. 906. PROHIBITION ON REGULATION OF TOBACCO

7 PRODUCTS.

8 ‘‘Nothing in this Act or any other Act shall provide

9 the Food and Drug Administration with any authority to

10 regulate in any manner tobacco or tobacco products (as

11 such terms are defined for purposes of section 5702(c) of

12 the Internal Revenue Code of 1986.’’.

Æ