(18) Tobacco advertising increases the size of
the tobacco market by increasing consumption of to-
bacco products including increasing tobacco sales to
young people.
(19) Children are more influenced by tobacco
advertising than adults, they smoke the most adver-
tised brands, and children as young as 3 to 6 can
recognize a character associated with smoking at the
same rate that they recognize cartoons and fast food
characters.
(20) Tobacco company documents indicate that
young people are an important and often crucial seg-
ment of the tobacco market.
(21) Comprehensive advertising restrictions will
have a positive effect on the smoking rates of young
people, as evidenced by the experience in Norway,
Finland, and other countries.
(22) Restrictions on advertising are necessary
to prevent unrestricted tobacco advertising from un-
dermining legislation prohibiting access to young
people and providing for education about tobacco
use.
(23) International experience shows that adver-
tising regulations that are stringent and comprehen-
sive have a greater impact on overall tobacco use
and young people’s use than weaker or less com-
prehensive ones. Text only requirements, while not
as stringent as a ban, will accomplish this purpose
while preserving the informational function of adver-
tising.
SEC. 3. PURPOSES.
The purposes of this Act are—
(1) to help American families dramatically re-
duce the number of children illegally using tobacco
products by—
(A) increasing the price of cigarettes by at
least $1.50 per pack in order to discourage
youth purchases;
(B) implementing prevention, education,
cessation, and counter-advertising programs;
(C) restricting advertisements designed to
encourage kids to use tobacco products;
(D) imposing penalties on manufacturers
for failing to reach youth smoking rate reduc-
tion targets;
(E) requiring retailers to comply with laws
forbidding sales to minors; and
(F) giving the Food and Drug Administra-
tion and State and local governments the au-
thority and resources to keep tobacco products
out of the hands of minors;
(2) to compensate taxpayers for their costs at-
tributable to tobacco-related illnesses by reimbursing
the medicaid and medicare programs and resolving
the legal claims of Federal, State and local govern-
ments for those costs that resulted from past mis-
conduct by the tobacco industry;
(3) to improve the public health by reducing the
number of adult users of tobacco products through
approved cessation programs and limiting public ex-
posure to environmental tobacco smoke;
(4) to provide assistance to tobacco farmers, to-
bacco factory workers, and rural communities;
(5) to affirm the full authority of the Food and
Drug Administration to regulate the manufacture,
labeling, sale, distribution, and advertising of to-
bacco products to the fullest extent authorized by
the commerce clause of the United States Constitu-
tion;
(6) to make available to the public tobacco in-
dustry documents regarding the health effects of to-
bacco products, addiction, the agricultural produc-
tion of tobacco, the manufacture of tobacco prod-
ucts, the distribution of tobacco products, and the
marketing of tobacco products to youths; and
(7) to enhance global anti-tobacco efforts to
minimize the adverse health effects of tobacco prod-
ucts.
SEC. 4. DEFINITIONS.
In this Act:
(1) BRAND.—The term ‘‘brand’’ means a vari-
ety of a tobacco product distinguished by the tobacco
used, tar content, nicotine content, flavoring used,
size, filtration, or packaging.
(2) CIGAR.—The term ‘‘cigar’’ means any roll
of tobacco wrapped in leaf tobacco or in any sub-
stance containing tobacco (other than any roll of to-
bacco which is a cigarette or cigarillo within the
meaning of paragraph (3) or (4)).
(3) 
CIGARETTE.—The 
term 
‘‘cigarette’’
means—
(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).
(4) CIGARILLOS.—The term ‘‘cigarillos’’ means
any roll of tobacco wrapped in leaf tobacco or any
substance containing tobacco (other than any roll of
tobacco which is a cigarette within the meaning of
paragraph (3)) and as to which 1,000 units weigh
not more than 3 pounds.
(5) CIGARETTE TOBACCO.—The term ‘‘cigarette
tobacco’’ means any product that consists of loose
tobacco and is intended for use by persons in a ciga-
rette. Unless otherwise stated, the requirements of
this Act pertaining to cigarettes shall also apply to
cigarette tobacco.
(6) DISTRIBUTOR.—The term ‘‘distributor’’
means any person who furthers the distribution of
tobacco products, whether domestic or imported, at
any point from the original place of manufacture to
the person who sells or distributes the product to in-
dividuals for personal consumption. Such term shall
not include common carriers.
(7) LITTLE
CIGAR.—The term ‘‘little cigar’’
means any roll of tobacco wrapped in leaf tobacco or
any substance containing tobacco (other than any
roll of tobacco which is a cigarette within the mean-
ing of subsection (1)) and as to which 1,000 units
weigh not more than 3 pounds.
(8) MANUFACTURER.—The term ‘‘manufac-
turer’’ means any person, including any repacker or
relabeler, who manufactures, fabricates, assembles,
processes, or labels a tobacco product.
(9) PACKAGE.—The term ‘‘package’’ means a
pack, box, carton, or container of any kind in which
tobacco products are offered for sale, sold, or other-
wise distributed to consumers.
(10) PERSON.—The term ‘‘person’’ means an
individual, partnership, corporation, parent corpora-
tion, or any other business or legal entity or succes-
sor in interest of any such person.
(11) PIPE TOBACCO.—The term ‘‘pipe tobacco’’
means any loose tobacco that, because of its appear-
ance, type, packaging, or labeling, is likely to be of-
fered to, or purchased by, consumers as a tobacco
product to be smoked in a pipe.
(12) POINT
OF
SALE.—The term ‘‘point of
sale’’ means any location at which an individual can
purchase or otherwise obtain tobacco products for
personal consumption.
(13) RETAILER.—The term ‘‘retailer’’ means
any person who sells tobacco products to individuals