II 

109TH CONGRESS 

2D SESSION S. 3872 

To prohibit cigarette manufacturers from making claims regarding tar or 

nicotine yield levels of cigarettes, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 7 (legislative day, SEPTEMBER 6), 2006 

Mr. LAUTENBERG (for himself, Mrs. CLINTON, Mr. HARKIN, Mr. MENENDEZ, 

Mr. REED, Mr. DURBIN, Mr. KENNEDY, and Mr. LEAHY) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

A BILL 

To prohibit cigarette manufacturers from making claims regarding tar or nicotine yield levels of cigarettes, 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 Cigarette La5 beling Act of 2006’’. 

6 SEC. 2. PROHIBITION ON CLAIMS REGARDING TAR OR NIC7 OTINE YIELD LEVELS OF CIGARETTES. 

8 (a) FINDINGS.—Congress finds the following: 


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1 (1) Cigarette manufacturers (through use of 

2 words, graphics, and color) have sold, distributed, 

3 and falsely marketed brands of cigarettes to con4 sumers as ‘‘light’’, ‘‘low-tar’’, ‘‘ultra light’’, ‘‘mild’’, 

5 ‘‘natural’’, and ‘‘low-nicotine’’ cigarettes, implying 

6 that the cigarettes are less harmful than other 

7 brands of cigarettes. 

8 (2) The National Cancer Institute has found 

9 that many smokers mistakenly believe that cigarettes 

10 with the labels described in paragraph (1) cause 

11 fewer health problems than other cigarettes, and this 

12 belief misleads smokers who may choose these ciga13 rettes as an alternative to not smoking. 

14 (3) The Federal Trade Commission has con15 cluded that ‘‘cigarette tar and nicotine ratings can16 not predict the amount of tar and nicotine [a per17 son] get[s] from any particular cigarette.’’. 

18 (4) Recent studies have demonstrated that 

19 there has been no reduction in risk on a population20 wide basis from the cigarettes described in para21 graph (1), and such cigarettes may actually increase 

22 the risk of tobacco use. 

23 (5) The dangers of marketing one brand of 

24 cigarettes as less harmful than another brand of 

25 cigarettes when in fact there are no reduced risks, 


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1 is a compelling reason for the Government to ensure 

2 statements, claims, or other representations about 

3 cigarettes are truthful and not deceptive. 

4 (b) DEFINITIONS.—In this section: 

5 (1) HEALTH DESCRIPTOR.—The term ‘‘health 

6 descriptor’’ includes the words ‘‘light’’, ‘‘low’’, ‘‘low 

7 tar’’, ‘‘ultralight’’, ‘‘mild’’, ‘‘natural’’, or any other 

8 word, or any graphic or color, which reasonably 

9 could be expected to result in a consumer believing 

10 that smoking such brand may result in a lower risk 

11 of disease or be less hazardous to health than smok12 ing another brand of cigarette. 

13 (2) BRAND.—The term ‘‘brand’’ means a vari14 ety of tobacco product distinguished by the type of 

15 tobacco used, tar content, nicotine content, the fla16 voring used, size, filtration, packaging, logo, reg17 istered trademark or brand name, identifiable pat18 tern of colors, or any combination thereof. 

19 (3) CIGARETTE.—The term ‘‘cigarette’’ has the 

20 meaning given such term in section 3(1) of the Fed21 eral Cigarette Labeling and Advertising Act (15 

22 U.S.C. 1332(1)), but also includes tobacco, in any 

23 form, that is functional in the product, which, be24 cause of its appearance, the type of tobacco used in 

25 the filler, or its packaging and labeling, is likely to 


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1 be offered to, or purchased by, consumers as a ciga2 rette or as roll-your-own tobacco. 

3 (4) ROLL-YOUR-OWN TOBACCO.—The term 

4 ‘‘roll-your-own tobacco’’ means any tobacco which, 

5 because of its appearance, type, packaging, or label6 ing, is suitable for use and likely to be offered to, 

7 or purchased by, consumers as tobacco for making 

8 cigarettes. 

9 (c) PROHIBITION ON USE OF HEALTH DESCRIPTORS

10 AND FEDERAL TRADE COMMISSION TESTING METHOD.— 

11 (1) IN GENERAL.—Notwithstanding any other 

12 provision of law, effective 120 days after the date of 

13 the enactment of this Act, a cigarette manufacturer 

14 may not use a health descriptor on the label or the 

15 advertising of any brand of cigarette. 

16 (2) PROHIBITION ON USE OF FEDERAL TRADE

17 COMMISSION TESTING METHOD.—Notwithstanding 

18 any other provision of law, effective 120 days after 

19 the date of the enactment of this Act, a cigarette 

20 manufacturer may not make any claims or any other 

21 representations based on data derived from the ciga22 rette testing method established by the Federal 

23 Trade Commission in effect on the day before the 

24 date of the enactment of this Act. 

25 (3) ENFORCEMENT.— 


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1 (A) UNFAIR OR DECEPTIVE ACT OR PRAC2 TICE.—A violation of the prohibition described 

3 in paragraphs (1) or (2) shall be treated as a 

4 violation of a rule defining an unfair or decep5 tive act or practice prescribed under section 

6 18(a)(1)(B) of the Federal Trade Commission 

7 Act (15 U.S.C. 57a(a)(1)(B)). 

8 (B) ACTIONS BY THE COMMISSION.—The 

9 Federal Trade Commission shall enforce this 

10 section in the same manner, by the same 

11 means, and with the same jurisdiction, powers, 

12 and duties as though all applicable terms and 

13 provisions of the Federal Trade Commission 

14 Act (15 U.S.C. 41 et seq.) were incorporated 

15 into and made a part of this section. 

Æ 


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