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104TH CONGRESS

2D SESSION H. R. 3821

To restrict the advertising and promotion of tobacco products.

IN THE HOUSE OF REPRESENTATIVES

JULY 16, 1996

Mr. HANSEN introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committee on the Judiciary, for

a period to be subsequently determined by the Speaker, in each case for

consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To restrict the advertising and promotion of tobacco

products.

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 ‘‘Youth Protection From

5 Tobacco Addiction Act of 1996’’.

6 SEC. 2. FINDINGS.

7 The Congress finds as follows:
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1 (1) Cigarette smoking and tobacco use account

2 for approximately 450,000 deaths each year in the

3 United States.

4 (2) Cigarette smoking accounts for approxi5 mately $65,000,000,000 each year in lost productiv6 ity and health care costs.

7 (3) Tobacco products are as addictive as co8 caine and heroin.

9 (4) Each day in the United States, approxi10 mately 3,000 children try their first cigarette, many

11 of whom will become addicted and will die pre12 maturely.

13 (5) The tobacco industry spends over

14 $6,000,000,000 each year to promote and advertise

15 its products using images of sexual attraction, so16 phistication, athletic abilities, and good health.

17 (6) The present advertising and promotional

18 themes used by the tobacco industry strongly influ19 ence youth tobacco use and it is in the Government’s

20 interests to prohibit tobacco advertising and pro21 motion to discourage the use of tobacco by the Na22 tion’s youth.

23 (7) In spite of the well established and well

24 known dangers of tobacco products, the tobacco in-
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1 dustry has for years denied that their products cause

2 disease or are addictive.

3 (8) Of adult smokers, 82 percent smoked their

4 first cigarette before the age of 18. Of young people

5 who become regular smokers, 70 percent regret their

6 decision to smoke.

7 (9) Voluntary agreements with the tobacco in8 dustry, which have been attempted for more than 30

9 years, have been shown to be ineffective.

10 SEC. 3. LIMITATIONS ON TOBACCO ADVERTISING, PRO11 MOTION, AND PACKAGING.

12 (a) ADVERTISING.—It shall be unlawful for any man13 ufacturer, packer, distributor, importer, or seller of to14 bacco products in or affecting commerce to advertise or

15 cause to be advertised any tobacco product.

16 (b) PROMOTION.—It shall be unlawful to—

17 (1) distribute any tobacco product as a free

18 sample or to make any tobacco product available at

19 no cost as the result of coupons or other method

20 which allows tobacco products to be obtained for free

21 or for reduced cost;

22 (2) sponsor or cause to be sponsored any ath23 letic, music, artistic, or other event in the name of

24 a registered brand name, logo, or symbol of a to25 bacco product or in a manner so that a registered
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1 brand name, logo, or symbol of a tobacco product is

2 publicly identified as a sponsor of or in any way as3 sociated with such an event, except if the registered

4 brand name is also the name of the corporation

5 which manufactures the tobacco product and both

6 the registered brand and the corporation were in ex7 istence prior to January 1, 1996;

8 (3) market or cause to be marketed nontobacco

9 products or services which bear the name of a reg10 istered brand name, logo, symbol of a tobacco prod11 uct, except if the registered brand name is also the

12 name of the corporation which manufactures the to13 bacco product and both the registered brand and the

14 corporation were in existence prior to January 1,

15 1996;

16 (4) pay or cause to be paid to have any tobacco

17 product or the registered brand name, logo, or sym18 bol of any tobacco product appear in any movie, tele19 vision show, play, video arcade game, or other form

20 of entertainment, except if the registered brand

21 name is also the name of the corporation which

22 manufactures the tobacco product and both the reg23 istered brand and the corporation were in existence

24 prior to January 1, 1996; and
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1 (5) pay or cause to be paid to have the reg2 istered brand name, logo, or symbol of any tobacco

3 product appear on any toy commonly used by per4 sons under the age of 18, or on any vehicle, boat,

5 or other equipment used in sports, or on a sports

6 stadium or other sports facility or any other facility

7 where sporting activity is regularly performed, ex8 cept if the registered brand name is also the name

9 of the corporation which manufactures the tobacco

10 product and both the registered brand and the cor11 poration were in existence prior to January 1, 1996.

12 (c) TOBACCO PRODUCT PACKAGES.—It shall be un13 lawful for any person to manufacture, package, distribute,

14 or import for sale or distribution within the United States

15 any tobacco product the package of which fails to comply

16 with the following requirements:

17 (1) No human figure or facsimile thereof, no

18 brand name logo or symbol, and no picture shall be

19 used in or as part of any tobacco product package.

20 (2) The print on any tobacco product package

21 shall be black on a white background.

22 SEC. 4. ENFORCEMENT.

23 (a) INJUNCTION.—The district courts of the United

24 States shall have jurisdiction over civil actions brought to

25 restrain violations of section 3. Such a civil action may
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1 be brought in the United States district court for the judi2 cial district in which the violation occurred or in which

3 the defendant is found or transacts business. In such a

4 civil action process may be served on a defendant in any

5 judicial district in which the defendant resides or may be

6 found and subpoenas requiring attendance of witnesses in

7 any such action may be served in any judicial district.

8 (b) MISBRANDING.—Any tobacco product which is

9 advertised, promoted, or packaged in violation of section

10 3 shall be considered a misbranded drug under the Fed11 eral Food, Drug, and Cosmetic Act.

12 SEC. 5. DEFINITIONS.

13 As used in section 3:

14 (1) The term ‘‘tobacco product’’ means—

15 (A) cigarettes and little cigars as defined

16 in section 3 of the Federal Cigarette Labeling

17 and Advertising Act (15 U.S.C. 1332),

18 (B) cigars as defined in section 5702 of

19 the Internal Revenue Code of 1954,

20 (C) pipe tobacco and loose rolling tobacco,

21 (D) smokeless tobacco as defined in section

22 9(1) of the Comprehensive Smokeless Tobacco

23 Health Education Act of 1986, and

24 (E) any other form of tobacco intended for

25 human consumption.
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1 (2) The term ‘‘advertisement’’ means—

2 (A) all newspapers and magazine adver3 tisements and advertising inserts, billboards,

4 posters, signs, decals, banners, matchbook ad5 vertising, point-of-purchase display material

6 (except price information), and all other written

7 or other material used for promoting the sale or

8 consumption of tobacco products to consumers,

9 (B) advertising promotion allowances, and

10 (C) any other means used to promote the

11 purchase of tobacco products.

12 SEC. 6. AUTHORITY OF THE FEDERAL TRADE COMMISSION.

13 Nothing in this Act shall be construed to limit or re14 strict the existing authority of the Federal Trade Commis15 sion with respect to tobacco products or promotion.

16 SEC. 7. AUTHORITY OF THE FOOD AND DRUG ADMINISTRA17 TION.

18 Nothing in this Act shall be construed to limit or re19 strict the existing or future authority of the Food and

20 Drug Administration with respect to tobacco products or

21 promotion.

22 SEC. 8. PREEMPTION.

23 Nothing in this Act or section 5 of the Federal Ciga24 rette Labeling and Advertising Act (15 U.S.C. 1332 et
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1 seq.) shall prevent any State or local government from reg2 ulating—

3 (1) the location of any advertising for tobacco

4 products which is displayed within the geographic

5 area governed by the applicable State or local gov6 ernment, such as advertising on billboards and on

7 transit vehicles, and

8 (2) the sale, distribution, or promotion of to9 bacco products within the geographic area governed

10 by the applicable State or local government,

11 so long as such actions are consistent with and no less

12 restrictive than requirements of this Act and the Federal

13 Cigarette Labeling and Advertising Act.

14 SEC. 9. CONSTRUCTION.

15 Nothing in this Act shall supersede, repeal, or modify

16 any requirement of the Federal Cigarette Labeling and

17 Advertising Act, as amended (15 U.S.C. 1332 et seq.) and

18 the Comprehensive Smokeless Tobacco Health Education

19 Act of 1986.

20 SEC. 10. EFFECTIVE DATE.

21 This Act shall take effect 1 year from the date of

22 enactment, except as follows:

23 (1) Advertising on billboards which violates sec24 tion 3 shall be prohibited effective 2 years after the

25 date of enactment.
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1 (2) The prohibition of sponsorship of any ath2 letic, music, artistic, or other event in the name of

3 a registered brand name, logo, or symbol of a to4 bacco product or in a manner so that a registered

5 brand name, logo, or symbol of a tobacco product is

6 publicly identified as a sponsor of or in any way as7 sociated with such an event shall apply—

8 (A) in the case of events subject to con9 tracts which were entered into before the enact10 ment of the Act, 3 years after such date or

11 after the termination of the contract, whichever

12 occurs first; and

13 (B) in the case of events subject to con14 tracts and contract renewals entered into on or

15 after the date of enactment of this Act, on such

16 date.

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