I
105TH CONGRESS
2D SESSION
H. R. 3889
To amend the Federal Food, Drug, and Cosmetic Act to strengthen controls
over tobacco.
IN THE HOUSE OF REPRESENTATIVES
MAY 14, 1998
Mr. UPTON introduced the following bill; which was referred to the Committee
on Commerce
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to
strengthen controls over tobacco.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Teen Tobacco Use Pre-
vention Act of 1998’’.
SEC. 2. TOBACCO PRODUCT REGULATION.
(a) AMENDMENT.—The Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.) is amended—
(1) by redesignating chapter IX as chapter X;
(2) by redesignating sections 901, 902, 903,
904, and 905 as sections 1001, 1002, 1003, 1004,
and 1005, respectively; and
(3) by adding after chapter VIII the following
new chapter:
‘‘CHAPTER IX—HEALTH AND SAFETY REGU-
LATORY REQUIREMENTS RELATING TO TO-
BACCO PRODUCTS
‘‘SEC. 900. DEFINITIONS.
‘‘In this chapter:
‘‘(1) CIGARETTE.—The term ‘cigarette’ means
any product which contains nicotine, is intended to
be burned under ordinary conditions of use, and con-
sists of—
‘‘(A) any roll of tobacco wrapped in paper
or in any substance not containing tobacco; and
‘‘(B) any roll of tobacco wrapped in any
substance containing tobacco which, because of
its appearance, the type of tobacco used in the
filler, or its packaging and labeling, is likely to
be offered to, or purchased by, consumers as a
cigarette described in subparagraph (A).
‘‘(2) CIGARETTE
TOBACCO.—The term ‘ciga-
rette tobacco’ means any product that consists of
loose tobacco that contains or delivers nicotine and
is intended for use by persons in a cigarette. Unless
otherwise stated, the requirements of this title per-
taining to cigarettes shall also apply to cigarette to-
bacco.
‘‘(3) NICOTINE.—The term ‘nicotine’ means the
chemical 
substance 
named 
3-(1-Methyl-2-
pyrrolidinyl)pyridine or C10H14N2, including any salt
or complex of nicotine.
‘‘(4) SMOKELESS TOBACCO.—The term ‘smoke-
less tobacco’ means any product that consists of cut,
ground, powdered, or leaf tobacco that contains nico-
tine and that is intended to be placed in the oral
or nasal cavity.
‘‘(5) TAR.—The term ‘tar’ means mainstream
total particulate matter minus nicotine and water.
‘‘(6) TOBACCO ADDITIVE.—The term ‘tobacco
additive’ means any substance the intended use of
which results or may reasonably be expected to re-
sult, directly or indirectly, in the substance becoming
a component of, or otherwise affecting the character-
istics of, any tobacco product, including any sub-
stance that may have been removed from the tobacco
product and then readded in the substance’s original
or modified form.
‘‘(7) TOBACCO PRODUCT.—The term ‘tobacco
product’ means cigarettes and smokeless tobacco
products.
‘‘Subchapter A—Tobacco Product Regulation
‘‘SEC. 902. CONSTITUENT LABELING.
‘‘(a) IN GENERAL.—The Secretary shall by regula-
tion require the manufacturer of tobacco products to in-
clude, in accordance with subsection (c), on a label on the
package of the products the amount of tar and nicotine
in the tobacco products and the amount of carbon mon-
oxide produced by such products.
‘‘(b) REGULATIONS.—The Secretary may by regula-
tion require the manufacturer of tobacco products to in-
clude, in accordance with subsection (c), on a label on the
package of the products constituents in addition to the
constituents described in subsection (a) if the Secretary
determines that identification of such constituents is nec-
essary for the protection of the public health.
‘‘(c) COMMON OR USUAL NAMES.—The Secretary
shall promulgate regulations requiring the disclosure to
the public of the common or usual name of each ingredient
(other than tobacco, water, or reconstituted tobacco sheet
made wholly from tobacco) contained in a tobacco product
in descending order of predominance by weight, except
that such regulations—
‘‘(1) may provide for the disclosure of spices,
flavorings, and colorings without naming each spice,
flavoring, or coloring; and
‘‘(2) may exempt from disclosure incidental ad-
ditives, including processing aids and chemical pre-
servatives, that are present in a tobacco product at
insignificant levels that the Secretary determines do
not have any functional effect or health risk.
‘‘SEC. 903. TOBACCO PRODUCT LABELING, WARNING, AND
PACKAGING STANDARDS.
‘‘(a) CIGARETTES.—
‘‘(1) PACKAGING.—It shall be unlawful for any
person to manufacture, package, or import for sale
or distribution within the United States any ciga-
rettes the package of which fails to bear, in accord-
ance with the requirements of this subsection, one of
the following statements:
‘‘WARNING: Cigarettes Are Addictive.
‘‘WARNING: Tobacco Smoke Can Harm Your
Children.
‘‘WARNING: Cigarettes Cause Fatal Lung
Disease.
‘‘WARNING: Cigarettes Cause Cancer.
‘‘WARNING: If You Think Smoking Is Cool,
You Are Dead Wrong.
‘‘WARNING: Cigarettes Cause Strokes And
Heart Disease.
‘‘WARNING: Smoking During Pregnancy Can
Harm Your Baby.
‘‘WARNING: Smoking Can Kill You.
‘‘WARNING: Tobacco Smoke Causes Fatal
Lung Disease In Nonsmokers.
‘‘WARNING: Quitting Smoking Now Greatly
Reduces Serious Risks To Your Health.
‘‘(2) 
REQUIREMENTS
FOR
LABEL
STATE-
MENTS.—
‘‘(A) LOCATION.—Each label statement re-
quired by paragraph (1) shall be located on the
upper portion of the front panel of the cigarette
package (or carton) and occupy not less than
25 percent of such front panel.
‘‘(B) TYPE AND COLOR.—With respect to
each label statement required by paragraph (1),
the phrase ‘WARNING’ shall appear in capital
letters and the label statement shall be printed
in 17 point type with adjustments as deter-
mined appropriate by the Secretary to reflect
the length of the required statement. All the
letters in the label statement shall appear in
conspicuous and legible type, in contrast by ty-
pography, layout, or color with all other printed
material on the package, and be printed in an
alternating black-on-white and white-on-black
format as determined appropriate by the Sec-
retary.
‘‘(C) EXCEPTION.—Paragraph (1) shall
not apply in the case of a flip-top cigarette
package (offered for sale on the date of enact-
ment of this title) where the front portion of
the flip-top does not comprise at least 25 per-
cent of the front panel. In the case of such a
package, the label statement required by sub-
paragraph (A) of paragraph (1) shall occupy
the entire front portion of the flip top.
‘‘(3) REQUIREMENTS FOR ADVERTISING.—
‘‘(A) IN GENERAL.—It shall be unlawful
for any manufacturer or importer of cigarettes
to advertise or cause to be advertised within the
United States any cigarette unless the advertis-
ing bears, in accordance with the requirements
of this subsection, one of the following state-
ments:
‘‘WARNING: Cigarettes Are Addictive.
‘‘WARNING: Tobacco Smoke Can Harm
Your Children.
‘‘WARNING: Cigarettes Cause Fatal Lung
Disease.
‘‘WARNING: Cigarettes Cause Cancer.
‘‘WARNING: If You Think Smoking Is
Cool, You Are Dead Wrong.
‘‘WARNING: Cigarettes Cause Strokes
And Heart Disease.
‘‘WARNING: Smoking During Pregnancy
Can Harm Your Baby.
‘‘WARNING: Smoking Can Kill You.
‘‘WARNING: 
Tobacco 
Smoke 
Causes
Fatal Lung Disease In Nonsmokers.
‘‘WARNING: 
Quitting 
Smoking 
Now
Greatly Reduces Serious Risks To Your
Health.
‘‘(B) LOCATION.—Each label statement re-
quired by subparagraph (A) shall occupy not
less than 20 percent of the area of the adver-
tisement involved.
‘‘(C) TYPE AND COLOR.—
‘‘(i) TYPE.—With respect to each
label statement required by subparagraph
(A), the phrase ‘WARNING’ shall appear
in capital letters and the label statement
shall be printed in the following types:
‘‘(I) With respect to whole page
advertisements on broadsheet news-
paper—45 point type.
‘‘(II) With respect to half page
advertisements on broadsheet news-
paper—39 point type.
‘‘(III) With respect to whole page
advertisements 
on 
tabloid 
news-
paper—39 point type.
‘‘(IV) With respect to half page
advertisements 
on 
tabloid 
news-
paper—27 point type.
‘‘(V) With respect to DPS maga-
zine advertisements—31.5 point type.
‘‘(VI) With respect to whole page
magazine advertisements—31.5 point
type.
‘‘(VII) With respect to 28cm x 3
column advertisements—22.5 point
type.
‘‘(VIII) With respect to 20cm x 2
column 
advertisements—15 
point
type.
of cigarettes which will provide the rotation re-
quired by this paragraph and which assures
that all of the label statements required by
paragraphs (1) and (2)(A) will be displayed by
the manufacturer or importer at the same time.
‘‘(B) APPLICATION OF OTHER ROTATION
REQUIREMENTS.—
‘‘(i) IN
GENERAL.—A manufacturer
or importer of cigarettes may apply to the
Secretary to have the rotation schedule de-
scribed in clause (iii) apply with respect to
a brand style of cigarettes manufactured
or imported by such manufacturer or im-
porter if—
‘‘(I) the number of cigarettes of
such brand style sold in the fiscal year
of the manufacturer or importer pre-
ceding the submission of the applica-
tion is less than 1⁄4 of 1 percent of all
the cigarettes sold in the United
States in such year; and
‘‘(II) more than 1⁄2 of the ciga-
rettes manufactured or imported by
such manufacturer or importer for
sale in the United States are pack-
aged into brand styles which meet the
requirements of subclause (I).
If an application is approved by the Sec-
retary, the rotation schedule described in
clause (iii) shall apply with respect to the
applicant during the 1-year period begin-
ning on the date of the application ap-
proval.
‘‘(ii) 
PLAN.—An 
applicant 
under
clause (i) shall include in its application a
plan under which the label statements
specified in subparagraph (A) of paragraph
(1) will be rotated by the applicant manu-
facturer or importer in accordance with the
label rotation described in clause (iii).
‘‘(iii) OTHER
ROTATION
REQUIRE-
MENTS.—Under 
the 
rotation 
schedule
which the manufacturer or importer with
an approved application may put into ef-
fect, each of the label statements specified
in paragraph (1) shall appear on the pack-
ages of each brand style of cigarettes with
respect to which the application was ap-
proved an equal number of times within
the 12-month period beginning on the date
of the approval by the Secretary of the ap-
plication.
‘‘(5) APPLICATION
OF
REQUIREMENT.—Para-
graph (1) does not apply to a distributor or retailer
of cigarettes who does not manufacture, package, or
import cigarettes for sale or distribution within the
United States.
‘‘(6) TELEVISION AND RADIO ADVERTISING.—It
shall be unlawful to advertise cigarettes and little ci-
gars on any medium of electronic communications
subject to the jurisdiction of the Federal Commu-
nications Commission.
‘‘(b) SMOKELESS TOBACCO PRODUCTS.—
‘‘(1) IN GENERAL.—
‘‘(A) PACKAGING.—It shall be unlawful for
any person to manufacture, package, or import
for sale or distribution within the United States
any smokeless tobacco product the package of
which fails to bear, in accordance with the re-
quirements of this subsection, one of the follow-
ing statements:
‘‘WARNING: This Product May Cause
Mouth Cancer.
‘‘WARNING: This Product May Cause
Gum Disease And Tooth Loss.
‘‘WARNING: This Product Is Not A Safe
Alternative To Cigarettes.
‘‘WARNING: Smokeless Tobacco Is Ad-
dictive.
‘‘(B) ADVERTISING.—It shall be unlawful
for any manufacturer or importer of smokeless
tobacco products to advertise or cause to be ad-
vertised within the United States any smokeless
tobacco product unless the advertising bears, in
accordance with the requirements of this sub-
section, one of the following statements:
‘‘WARNING: This Product May Cause
Mouth Cancer.
‘‘WARNING: This Product May Cause
Gum Disease And Tooth Loss.
‘‘WARNING: This Product Is Not A Safe
Alternative To Cigarettes.
‘‘WARNING: Smokeless Tobacco Is Ad-
dictive.
‘‘(2) 
REQUIREMENTS
FOR
LABEL
STATE-
MENTS.—
‘‘(A) LOCATION.—Each label statement re-
quired by subparagraph (A) of paragraph (1)
shall be located on the principal display panel
of the product and occupy not less than 25 per-
cent of such panel.
‘‘(B) TYPE AND COLOR.—With respect to
each label statement required by subparagraph
(A) of paragraph (1), the phrase ‘WARNING’
shall appear in capital letters and the label
statement shall be printed in 17 point type with
adjustments as determined appropriate by the
Secretary to reflect the length of the required
statement. All the letters in the label statement
shall appear in conspicuous and legible type in
contrast by typography, layout, or color with all
other printed material on the package and be
printed in an alternating black on white and
white on black format as determined appro-
priate by the Secretary.
‘‘(3) ADVERTISING AND ROTATION.—The provi-
sions of paragraphs (3) and (4)(A) of subsection (a)
shall apply to advertisements for smokeless tobacco
products and the rotation of the statements required
under paragraph (1)(A) on such products.
‘‘(4) APPLICATION
OF
REQUIREMENT.—Para-
graph (1) does not apply to a distributor or retailer
of smokeless tobacco products who does not manu-
facture, package, or import such products for sale or
distribution within the United States.
‘‘(5) TELEVISION AND RADIO ADVERTISING.—It
shall be unlawful to advertise smokeless tobacco on
any medium of electronic communications subject to
the jurisdiction of the Federal Communications
Commission.
‘‘(c) STATEMENT OF INTENDED USE.—
‘‘(1) REQUIREMENT.—Each manufacturer, dis-
tributor, and retailer advertising or causing to be
advertised, disseminating or causing to be dissemi-
nated advertising concerning, tobacco products oth-
erwise permitted under this chapter shall include, in
a type size and format as the Secretary may pre-
scribe in a regulation promulgated under subsection
(d), the established name of the product and a state-
ment of the intended use of the product as provided
for in paragraph (2).
‘‘(2) INTENDED USE STATEMENTS.—
‘‘(A) CIGARETTES.—A statement of in-
tended use for cigarettes or cigarette tobacco is
as follows (whichever is appropriate):
‘‘Cigarettes—A Dangerous Tobacco Product In-
tended For Use Only By Persons 18 or Older.
‘‘Cigarette Tobacco—A Dangerous Tobacco
Product Intended For Use Only By Persons 18
or Older.
‘‘(B) SMOKELESS TOBACCO.—A statement
of intended use for a smokeless tobacco product
is as follows (whichever is appropriate):
‘‘Loose Leaf Chewing Tobacco—A Dangerous
Tobacco Product Intended For Use Only By
Persons 18 or Older.
‘‘Plug Chewing Tobacco—A Dangerous To-
bacco Product Intended For Use Only By Per-
sons 18 or Older.
‘‘Twist Chewing Tobacco—A Dangerous To-
bacco Product Intended For Use Only By Per-
sons 18 or Older.
‘‘Moist Snuff—A Dangerous Tobacco Product
Intended For Use Only By Persons 18 or
Older.
‘‘Dry Snuff—A Dangerous Tobacco Product In-
tended For Use Only By Persons 18 or Older.
‘‘(d) REGULATIONS.—
‘‘(1) IN GENERAL.—Not later than 180 days
after the date of the enactment of this Act, the Sec-
retary shall promulgate such regulations as may be
necessary to implement subsections (a), (b), and (c).
‘‘(2) AUTHORITY TO REVISE TOBACCO PRODUCT
LABELING
STATEMENTS.—The Secretary may by
rule change the text of any of the statements re-
quired under subsections (a) and (b). A rule promul-
gated under this subparagraph shall not become ef-
fective prior to the expiration of the 1-year period
beginning on the date on which the final rule is pub-
lished in the Federal Register.
‘‘(e) PREEMPTION.—No statement relating to the use
of cigarettes or smokeless tobacco products and health,
other than the statements required by subsections (a), (b),
or (c), shall be required on any package or in any adver-
tisement of cigarettes or a smokeless tobacco product.
‘‘(f) EXPORTS.—Packages of cigarettes or smokeless
tobacco products manufactured, imported, or packaged—
‘‘(1) for export from the United States; or
‘‘(2) for delivery to a vessel or aircraft, as sup-
plies, for consumption beyond the jurisdiction of the
internal revenue laws of the United States;
shall be exempt from the requirements of this chapter, but
such exemptions shall not apply to cigarettes or smokeless
tobacco products manufactured, imported, or packaged for
sale or distribution to members or units of the Armed
Forces of the United States located outside of the United
States.
‘‘SEC. 904. VENDING MACHINES.
‘‘(a) IN GENERAL.—No manufacturer, distributor, or
retailer may distribute or cause to be distributed any to-
bacco product through a vending machine, except that dis-
tribution may be made through vending machines that are
located in facilities where the retailer ensures that no indi-
viduals under 18 years of age are present or permitted
to enter at any time.
‘‘(b) MONITORING.—The Secretary shall, during the
2 year period beginning on the effective date of this Act,
monitor compliance with subsection (a). The Secretary
may propose additional restrictions on vending machine
sales if there is evidence that individuals under the age
of 18 are continuing to purchase tobacco products from
vending machines.
‘‘SEC. 905. MINIMUM AGE.
‘‘(a) PROHIBITION.—No person shall sell or distrib-
ute a tobacco product to an individual under the age of
18 or such higher age as may be prescribed by applicable
State law.
‘‘(b) VERIFICATION.—A retailer of tobacco products
shall verify that an individual is 18 or older by checking
identification that includes the individual’s date of birth
and photograph. Such verification shall be made of any
individual age 26 or younger. If a State has in effect a
law which prohibits the sale of tobacco products to individ-
uals under age 18, the Secretary may not take enforce-
ment action against a retailer of tobacco products for the
sale in such State of tobacco products without checking
identification as required by this subsection if such a sale
is a face-to-face transaction and is conducted in accord-
ance with such State law to an individual who is of legal
age.
‘‘(c) NOTICE.—The Secretary shall notify any retailer
who is found not to be routinely complying with subsection
(b) of such failure of the retailer and of the penalties
under this section.
‘‘(d) PENALTIES.—For a violation of subsection
(a)—
‘‘(1) if it is a first offense, the Secretary shall
notify the retailer of the violation and warn the re-
tailer of penalties for subsequent violations;
‘‘(2) for the second violation, be subject to a
civil penalty of $250; and
‘‘(3) for each subsequent violation, be subject to
a civil penalty which is twice the amount of the pre-
ceding civil penalty.
‘‘(e) ENFORCEMENT.—A State shall—
‘‘(1) enforce the law described in subsection (a)
systematically and conscientiously and in a manner
that can reasonably be expected to reduce the extent
to which tobacco products are available in such
State to individuals under the age of 18;
‘‘(2) certify that the State requires enforcement
of such law to be treated as a priority by State and
local law enforcement authorities;
‘‘(3) conduct random, unannounced inspections
to ensure compliance with the law described in sub-
section (a); and
‘‘(4) annually submit to the Secretary a report
describing—
‘‘(A) the activities carried out by the State
to enforce such law;
‘‘(B) the steps taken by the State to en-
sure that enforcement of such law was treated
as a priority by State and local law enforcement
authorities;
‘‘(C) the extent of success the State has
achieved in reducing the availability of tobacco
products to individuals under the age of 18;
and
‘‘(D) the strategies to be utilized by the
State for enforcing such law
If a State does not comply with this subsection, the
Secretary may reduce the amount of a grant that the
State is eligible for under section 1926 of the Public
Health Service Act. The reduction shall stay in effect until
the State demonstrates to the Secretary that it is comply-
ing with this subsection.
‘‘SEC. 906. SMALL SALES AND SAMPLES.
‘‘(a) PROHIBITION.—No person may distribute or sell
a cigarette individually or in packages of less than 20 and
no person may distribute samples of cigarettes.
‘‘(b) PENALTIES.—The penalties prescribed by sec-
tion 905(d) shall apply to violations of subsection (a).
‘‘SEC. 907. DISTRIBUTION THROUGH THE MAIL.
‘‘(a) IN GENERAL.—No person may distribute a to-
bacco product through the mail.
‘‘(b) AUTHORITY
TO USE MAIL.—A person who
wants to distribute a tobacco product through the mail
shall submit to the Secretary a plan which will ensure that
the tobacco product will only go to individuals who are
18 or older. If the Secretary approves the plan, such per-
son may make such distribution.
‘‘(c) MONITORING.—The Secretary shall after 2 years
after the effective date of this Act review distributions of
tobacco products through the mail to determine if individ-
uals under the age of 18 are receiving tobacco products
so distributed.
‘‘(d) PENALTIES.—The penalties prescribed by sec-
tion 905(d) shall apply to violations of subsection (a).
‘‘SEC. 908. TOBACCO PRODUCT USE REDUCTION TARGETS.
‘‘(a) IN GENERAL.—The Secretary shall determine
the average annual incidence of the daily use of tobacco
products by individuals who are under 18 years of age and
the Secretary shall determine the underage use base per-
centage for tobacco products which shall be a percentage
determined by the Secretary, weighted by the population
of the age group involved as determined using data com-
piled in 1995 by the Bureau of the Census. The Secretary
shall report to the Congress the average annual incidence
and underage use base percentage.
‘‘(b) GOALS.—With respect to the average annual in-
cidence of the daily use of tobacco products by individuals
who are under 18 years of age, it shall be the national
goals of the United States that such use be reduced as
follows:
‘‘(1) in the fifth calendar year after the date of
enactment of this Act the percentage decrease in the
use of tobacco products shall be at least 35 percent;
‘‘(2) in the seventh calendar year after the date
of enactment of this Act the percentage decrease in
the use of tobacco products shall be at least 50 per-
cent; and
‘‘(3) in the tenth and subsequent calendar years
after the date of enactment of this Act the percent-
age decrease in the use of tobacco products shall be
at least 80 percent.
‘‘(c) DETERMINATION.—The Secretary shall deter-
mine whether the required percentage reduction in the un-
derage use of tobacco products in the fifth calendar year
after the date of enactment of this Act (based on sub-
section (b)) has been achieved for the year involved. If it
has not, the Secretary may make recommendations to the
Congress with respect to a different goal of reduction in
underage use of tobacco products.’’
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect January 1, 1999.
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