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a registered brand name, logo, or symbol of a to-
bacco product or in a manner so that a registered
brand name, logo, or symbol of a tobacco product is
publicly identified as a sponsor of or in any way as-
sociated with such an event, except if the registered
brand name is also the name of the corporation
which manufactures the tobacco product and both
the registered brand and the corporation were in ex-
istence prior to January 1, 1996;
(3) market or cause to be marketed nontobacco
products or services which bear the name of a reg-
istered brand name, logo, symbol of a tobacco prod-
uct, except if the registered brand name is also the
name of the corporation which manufactures the to-
bacco product and both the registered brand and the
corporation were in existence prior to January 1,
1996;
(4) pay or cause to be paid to have any tobacco
product or the registered brand name, logo, or sym-
bol of any tobacco product appear in any movie, tele-
vision show, play, video arcade game, or other form
of entertainment, except if the registered brand
name is also the name of the corporation which
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manufactures the tobacco product and both the reg-
istered brand and the corporation were in existence
prior to January 1, 1996; and
(5) pay or cause to be paid to have the reg-
istered brand name, logo, or symbol of any tobacco
product appear on any toy commonly used by per-
sons under the age of 18, or on any vehicle, boat,
or other equipment used in sports, or on a sports
stadium or other sports facility or any other facility
where sporting activity is regularly performed, ex-
cept if the registered brand name is also the name
of the corporation which manufactures the tobacco
product and both the registered brand and the cor-
poration were in existence prior to January 1, 1996.
(c) TOBACCO PRODUCT PACKAGES.—It shall be un-
lawful for any person to manufacture, package, distribute,
or import for sale or distribution within the United States
any tobacco product the package of which fails to comply
with the following requirements:
(1) No human figure or facsimile thereof, no
brand name logo or symbol, and no picture shall be
used in or as part of any tobacco product package.
(2) The print on any tobacco product package
shall be black on a white background.
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SEC. 4. ENFORCEMENT.
(a) INJUNCTION.—The district courts of the United
States shall have jurisdiction over civil actions brought to
restrain violations of section 3. Such a civil action may
be brought in the United States district court for the judi-
cial district in which the violation occurred or in which
the defendant is found or transacts business. In such a
civil action process may be served on a defendant in any
judicial district in which the defendant resides or may be
found and subpoenas requiring attendance of witnesses in
any such action may be served in any judicial district.
(b) MISBRANDING.—Any tobacco product which is
advertised, promoted, or packaged in violation of section
3 shall be considered a misbranded drug under the Fed-
eral Food, Drug, and Cosmetic Act.
SEC. 5. DEFINITIONS.
As used in section 3:
(1) The term ‘‘tobacco product’’ means—
(A) cigarettes and little cigars as defined
in section 3 of the Federal Cigarette Labeling
and Advertising Act (15 U.S.C. 1332);
(B) cigars as defined in section 5702 of
the Internal Revenue Code of 1954;
(C) pipe tobacco and loose rolling tobacco;
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(D) smokeless tobacco as defined in section
9(1) of the Comprehensive Smokeless Tobacco
Health Education Act of 1986; and
(E) any other form of tobacco intended for
human consumption.
(2) The term ‘‘advertisement’’ means—
(A) all newspapers and magazine adver-
tisements and advertising inserts, billboards,
posters, signs, decals, banners, matchbook ad-
vertising, point-of-purchase display material
(except price information), and all other written
or other material used for promoting the sale or
consumption of tobacco products to consumers;
(B) advertising promotion allowances; and
(C) any other means used to promote the
purchase of tobacco products.
SEC. 6. AUTHORITY OF THE FEDERAL TRADE COMMISSION.
Nothing in this Act shall be construed to limit or re-
strict the existing authority of the Federal Trade Commis-
sion with respect to tobacco products or promotion.
SEC. 7. AUTHORITY OF THE FOOD AND DRUG ADMINISTRA-
TION.
Nothing in this Act shall be construed to limit or re-
strict the existing or future authority of the Food and
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Drug Administration with respect to tobacco products or
promotion.
SEC. 8. PREEMPTION.
Nothing in this Act or section 5 of the Federal Ciga-
rette Labeling and Advertising Act (15 U.S.C. 1332 et
seq.) shall prevent any State or local government from reg-
ulating—
(1) the location of any advertising for tobacco
products which is displayed within the geographic
area governed by the applicable State or local gov-
ernment, such as advertising on billboards and on
transit vehicles; and
(2) the sale, distribution, or promotion of to-
bacco products within the geographic area governed
by the applicable State or local government;
so long as such actions are consistent with and no less
restrictive than requirements of this Act and the Federal
Cigarette Labeling and Advertising Act.
SEC. 9. CONSTRUCTION.
Nothing in this Act shall supersede, repeal, or modify
any requirement of the Federal Cigarette Labeling and
Advertising Act, as amended (15 U.S.C. 1332 et seq.) and
the Comprehensive Smokeless Tobacco Health Education
Act of 1986.
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SEC. 10. EFFECTIVE DATE.
This Act shall take effect 1 year from the date of
enactment, except as follows:
(1) Advertising on billboards which violates sec-
tion 3 shall be prohibited effective 2 years after the
date of enactment.
(2) The prohibition of sponsorship of any ath-
letic, music, artistic, or other event in the name of
a registered brand name, logo, or symbol of a to-
bacco product or in a manner so that a registered
brand name, logo, or symbol of a tobacco product is
publicly identified as a sponsor of or in any way as-
sociated with such an event shall apply—
(A) in the case of events subject to con-
tracts which were entered into before the enact-
ment of the Act, 3 years after such date or
after the termination of the contract, whichever
occurs first; and
(B) in the case of events subject to con-
tracts and contract renewals entered into on or
after the date of enactment of this Act, on such
date.
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