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106TH CONGRESS

1ST SESSION S. 1421

To impose restrictions on the sale of cigars.

IN THE SENATE OF THE UNITED STATES

JULY 22, 1999

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

to the Committee on Commerce, Science, and Transportation

A BILL

To impose restrictions on the sale of cigars.

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 ‘‘Cigars Are Not a Safe

5 Smoking Alternative Act’’.

6 SEC. 2. FINDINGS.

7 Congress makes the following findings:

8 (1) Available scientific evidence demonstrates

9 that regular cigar smoking causes cancer, including

10 cancers of the lip, tongue, mouth, throat, esophagus,

11 larynx, and lung.
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1 (2) That same evidence demonstrates that cigar

2 smokers increase their risk of pulmonary heart dis3 ease by 27 percent and coronary heart disease by 45

4 percent.

5 (3) Cigar use in the United States has risen

6 dramatically by nearly 50 percent over the last 5

7 years. Premium cigar sales have tripled in the same

8 time period.

9 (4) Data from the Centers for Disease Control

10 and Prevention 1997 Youth Risk Behavior Survey

11 indicates that among high school students over 30

12 percent of the males and 10 percent of the females

13 are current cigar smokers.

14 (5) Smoking cigars is not a safe alternative to

15 smoking cigarettes. Compared to a cigarette, a large

16 cigar emits up to 20 times more ammonia, 5 to 10

17 times more cadmium (cancer causing metal) and

18 methylethylnitrosamine (cancer causing agent), 80

19 to 90 times more nitrosamines (a highly carcinogenic

20 tobacco-specific agent), 2 to 3 times more tar, and

21 9 to 12 times more nicotine.

22 SEC. 3. PROHIBITION ON DISTRIBUTION TO YOUTH.

23 (a) DISTRIBUTION.—
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1 (1) GENERAL RULE.—No person may sell or

2 distribute a cigar to any individual who is under the

3 age of 18.

4 (2) LOCATION OF PRODUCTS.—A retailer of ci5 gars shall ensure that all cigars are located in areas

6 where customers do not have direct access to the

7 products.

8 (3) FACE-TO-FACE TRANSACTIONS.—A cigar re9 tailer may sell cigars to the ultimate consumer only

10 in a direct, face-to-face exchange.

11 (b) MARKETING AND ADVERTISING.—

12 (1) GENERAL RULE.—The Chairman of the

13 Federal Trade Commission shall impose such re14 strictions on the sale, advertising, distribution, and

15 marketing of cigars directed at youth as may be ap16 propriate to limit the sale of cigars to individuals

17 who are 18 years of age or older.

18 (2) ELECTRONIC MEDIA.—Cigars may not be

19 advertised on electronic media, including television,

20 radio, and any other form of electronic communica21 tion.

22 (c) SPONSORSHIP.—The Secretary of Health and

23 Human Services and the Chairman of the Federal Trade

24 Commission shall encourage manufacturers of cigars to

25 end the practice of paying for, or participating in, the
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1 placement of cigars in movies and on television where a

2 substantial segment of the viewing audience is under the

3 age of 18 years.

4 (d) DEFINITION.—The term ‘‘cigar’’ means any roll

5 of tobacco wrapped in leaf tobacco or in any substance

6 containing tobacco, including small cigars that weigh less

7 than 3 pounds per thousand and large cigars that weigh

8 more than 3 pounds per thousand.

9 SEC. 4. HEALTH WARNINGS.

10 The Secretary of Health and Human Services, acting

11 through the Chairman of the Federal Trade Commission,

12 shall require such health warnings on the labels of cigars,

13 on cigar boxes or other packaging, and on advertising and

14 marketing materials and messages as may be appropriate

15 to warn cigar users about the health risks presented by

16 cigars.

17 SEC. 5. STUDIES AND REPORTS.

18 (a) SECRETARY’S STUDY.—

19 (1) IN GENERAL.—The Secretary of Health and

20 Human Services shall conduct a study—

21 (A) to determine the health effects of occa22 sional cigar smoking, nicotine dependence dem23 onstrated by cigar smokers, biological uptake of

24 toxic and carcinogenic constituents of cigars,

25 and environmental cigar smoke exposure; and
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1 (B) to determine the yields of tar, nicotine,

2 carbon monoxide, and any other additive des3 ignated by the Secretary in cigar smoke.

4 Manufacturers of cigars shall report to the Secretary

5 on the yields of tar, nicotine, carbon monoxide, and

6 any other additive designated by the Secretary from

7 cigars when smoked.

8 (2) REPORT.—Not later than 1 year after the

9 date of the enactment of this Act, the Secretary of

10 Health and Human Services shall transmit a report

11 to the President and to Congress containing—

12 (A) findings from the cigar health and con13 stituent yield study required under paragraph

14 (1); and

15 (B) such recommendations for legislation

16 or administrative actions as the Secretary

17 deems appropriate.

18 (b) FTC REPORT.—Not later than 1 year after the

19 date of the enactment of this Act and biennially thereafter,

20 the Chairman of the Federal Trade Commission shall

21 transmit a report to the President and to Congress

22 containing—

23 (1) a description of the current sales, adver24 tising, and marketing practices associated with

25 cigars; and
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1 (2) such recommendations for legislation or ad2 ministrative actions as it deems appropriate.

3 SEC. 6. MONITORING TRENDS IN YOUTH ACCESS TO CI4 GARS.

5 The Secretary of Health and Human Services, in con6 sultation with the Chairman of the Federal Trade Com7 mission and the Secretary of the Treasury, shall monitor

8 trends in youth access to, and use of, cigars. If evidence

9 suggests that cigars are inappropriately accessible to chil10 dren and adolescents, or that smoking cigars is becoming

11 an attractive alternative to smoking cigarettes for children

12 and adolescents as a result of differential tax and regu13 latory treatment, sales and marketing practices of cigar

14 manufacturers, changes in consumer tastes, or any other

15 reason, the Secretary shall immediately notify Congress

16 and make such recommendations for adjusting tax rates

17 or other legislative or administrative action necessary to

18 ensure that cigars cease to be an attractive alternative to

19 cigarettes for children and adolescents.

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