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105TH CONGRESS

1ST SESSION H. R. 762

To restrict the advertising and promotion of tobacco products.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 13, 1997

Mr. HANSEN (for himself, Mr. MEEHAN, Mr. EHLERS, Ms. FURSE, Mr.

MCINNIS, and Mr. KENNEDY of Massachusetts) 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 1997’’.

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.
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1 (7) In spite of the well established and well

2 known dangers of tobacco products, the tobacco in3 dustry has for years denied that their products cause

4 disease or are addictive.

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

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

7 who become regular smokers, 70 percent regret their

8 decision to smoke.

9 (9) Voluntary agreements with the tobacco in10 dustry, which have been attempted for more than 30

11 years, have been shown to be ineffective.

12 SEC. 3. LIMITATIONS ON TOBACCO ADVERTISING, PRO13 MOTION, AND PACKAGING.

14 (a) ADVERTISING.—It shall be unlawful for any man15 ufacturer, packer, distributor, importer, or seller of to16 bacco products in or affecting commerce to advertise or

17 cause to be advertised any tobacco product.

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

19 (1) distribute any tobacco product as a free

20 sample or to make any tobacco product available at

21 no cost as the result of coupons or other method

22 which allows tobacco products to be obtained for free

23 or for reduced cost;

24 (2) sponsor or cause to be sponsored any ath25 letic, music, artistic, or other event in the name of
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1 a registered brand name, logo, or symbol of a to2 bacco product or in a manner so that a registered

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

4 publicly identified as a sponsor of or in any way as5 sociated with such an event, except if the registered

6 brand name is also the name of the corporation

7 which manufactures the tobacco product and both

8 the registered brand and the corporation were in ex9 istence prior to January 1, 1996;

10 (3) market or cause to be marketed nontobacco

11 products or services which bear the name of a reg12 istered brand name, logo, symbol of a tobacco prod13 uct, except if the registered brand name is also the

14 name of the corporation which manufactures the to15 bacco product and both the registered brand and the

16 corporation were in existence prior to January 1,

17 1996;

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

19 product or the registered brand name, logo, or sym20 bol of any tobacco product appear in any movie, tele21 vision show, play, video arcade game, or other form

22 of entertainment, except if the registered brand

23 name is also the name of the corporation which
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1 manufactures the tobacco product and both the reg2 istered brand and the corporation were in existence

3 prior to January 1, 1996; and

4 (5) pay or cause to be paid to have the reg5 istered brand name, logo, or symbol of any tobacco

6 product appear on any toy commonly used by per7 sons under the age of 18, or on any vehicle, boat,

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

9 stadium or other sports facility or any other facility

10 where sporting activity is regularly performed, ex11 cept if the registered brand name is also the name

12 of the corporation which manufactures the tobacco

13 product and both the registered brand and the cor14 poration were in existence prior to January 1, 1996.

15 (c) TOBACCO PRODUCT PACKAGES.—It shall be un16 lawful for any person to manufacture, package, distribute,

17 or import for sale or distribution within the United States

18 any tobacco product the package of which fails to comply

19 with the following requirements:

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

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

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

23 (2) The print on any tobacco product package

24 shall be black on a white background.
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1 SEC. 4. ENFORCEMENT.

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

3 States shall have jurisdiction over civil actions brought to

4 restrain violations of section 3. Such a civil action may

5 be brought in the United States district court for the judi6 cial district in which the violation occurred or in which

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

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

9 judicial district in which the defendant resides or may be

10 found and subpoenas requiring attendance of witnesses in

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

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

13 advertised, promoted, or packaged in violation of section

14 3 shall be considered a misbranded drug under the Fed15 eral Food, Drug, and Cosmetic Act.

16 SEC. 5. DEFINITIONS.

17 As used in section 3:

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

19 (A) cigarettes and little cigars as defined

20 in section 3 of the Federal Cigarette Labeling

21 and Advertising Act (15 U.S.C. 1332);

22 (B) cigars as defined in section 5702 of

23 the Internal Revenue Code of 1954;

24 (C) pipe tobacco and loose rolling tobacco;
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1 (D) smokeless tobacco as defined in section

2 9(1) of the Comprehensive Smokeless Tobacco

3 Health Education Act of 1986; and

4 (E) any other form of tobacco intended for

5 human consumption.

6 (2) The term ‘‘advertisement’’ means—

7 (A) all newspapers and magazine adver8 tisements and advertising inserts, billboards,

9 posters, signs, decals, banners, matchbook ad10 vertising, point-of-purchase display material

11 (except price information), and all other written

12 or other material used for promoting the sale or

13 consumption of tobacco products to consumers;

14 (B) advertising promotion allowances; and

15 (C) any other means used to promote the

16 purchase of tobacco products.

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

18 Nothing in this Act shall be construed to limit or re19 strict the existing authority of the Federal Trade Commis20 sion with respect to tobacco products or promotion.

21 SEC. 7. AUTHORITY OF THE FOOD AND DRUG ADMINISTRA22 TION.

23 Nothing in this Act shall be construed to limit or re24 strict the existing or future authority of the Food and
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1 Drug Administration with respect to tobacco products or

2 promotion.

3 SEC. 8. PREEMPTION.

4 Nothing in this Act or section 5 of the Federal Ciga5 rette Labeling and Advertising Act (15 U.S.C. 1332 et

6 seq.) shall prevent any State or local government from reg7 ulating—

8 (1) the location of any advertising for tobacco

9 products which is displayed within the geographic

10 area governed by the applicable State or local gov11 ernment, such as advertising on billboards and on

12 transit vehicles; and

13 (2) the sale, distribution, or promotion of to14 bacco products within the geographic area governed

15 by the applicable State or local government;

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

17 restrictive than requirements of this Act and the Federal

18 Cigarette Labeling and Advertising Act.

19 SEC. 9. CONSTRUCTION.

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

21 any requirement of the Federal Cigarette Labeling and

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

23 the Comprehensive Smokeless Tobacco Health Education

24 Act of 1986.
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1 SEC. 10. EFFECTIVE DATE.

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

3 enactment, except as follows:

4 (1) Advertising on billboards which violates sec5 tion 3 shall be prohibited effective 2 years after the

6 date of enactment.

7 (2) The prohibition of sponsorship of any ath8 letic, music, artistic, or other event in the name of

9 a registered brand name, logo, or symbol of a to10 bacco product or in a manner so that a registered

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

12 publicly identified as a sponsor of or in any way as13 sociated with such an event shall apply—

14 (A) in the case of events subject to con15 tracts which were entered into before the enact16 ment of the Act, 3 years after such date or

17 after the termination of the contract, whichever

18 occurs first; and

19 (B) in the case of events subject to con20 tracts and contract renewals entered into on or

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

22 date.

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