I
106TH CONGRESS
1ST SESSION
H. R. 2579
To impose restrictions on the sale of cigars.
IN THE HOUSE OF REPRESENTATIVES
JULY 21, 1999
Mr. MARKEY (for himself, Ms. DEGETTE, Mr. CAPUANO, Mr. LUTHER, Mr.
INSLEE, Ms. PELOSI, and Mr. MCGOVERN) introduced the following bill;
which was referred to the Committee on Commerce
A BILL
To impose restrictions on the sale of cigars.
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 ‘‘Cigars Are No Safe
Alternative Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Available scientific evidence demonstrates
that regular cigar smoking causes cancer, including
cancers of the lip, tongue, mouth, throat, esophagus,
larynx, and lung.
(2) That same evidence demonstrates that
heavy cigar smokers and those who inhale deeply are
at an increased risk of coronary heart disease and
can develop chronic lung diseases.
(3) Cigar use in the United States has risen
dramatically over the last 5 years. Small cigar con-
sumption has increased by an estimated 13 percent,
large cigar consumption has increased by an esti-
mated 70 percent, and premium cigar consumption
has increased by an estimated 250 percent.
(4) Demographic evidence strongly suggests
that most new cigar users are teenagers and young
adult males. Data from the Centers for Disease Con-
trol and Prevention 1997 Youth Risk Behavior Sur-
vey indicates that among high school students over
30 percent of the males and 10 percent of the fe-
males are current cigar smokers.
(5) Smoking cigars is not a safe alternative to
smoking cigarettes. Compared to a cigarette, a large
cigar emits up to 20 times more ammonia, 5 to 10
times more cadmium (cancer causing metal) and
methylethylnitrosamine (cancer causing agent), and
up to 80 to 90 times more highly carcinogen-
tobacco-specific-nitrosamines. Tar yields are 2 to 3
times greater for a cigar than for a filter cigarette
rected at youth as may be appropriate to limit the
sale of cigars to individuals who are 18 or older.
(2) ELECTRONIC MEDIA.—Cigars may not be
advertised on electronic media, including television,
radio, and any other form of electronic communica-
tion subject to the jurisdiction of the Federal Com-
munications Commission.
(d) SPONSORSHIP.—The manufacturers of cigars
which engage in the practice of paying for, or participating
in, the placement of cigars in movies and on television
where a substantial segment of the viewing audience is
under the age of 18 shall report to the Secretary of Health
and Human Services and the Federal Trade Commission
each time that occurs.
SEC. 4. HEALTH WARNINGS.
The Federal Trade Commission, in consultation with
the Secretary of Health and Human Services, shall require
such health warnings on the labels of cigars and on cigar
boxes or other packaging as may be appropriate to warn
cigar users about the health risks presented by cigars.
SEC. 5. STUDIES AND REPORTS.
(a) SECRETARY’S STUDY.—
(1) IN GENERAL.—The Secretary of Health and
Human Services shall conduct a study—
(A) to determine the health effects of occa-
sional cigar smoking, nicotine dependence dem-
onstrated by cigar smokers, biological uptake of
toxic and carcinogenic constituents of cigars,
and environmental cigar smoke exposure; and
(B) to determine the yields of tar, nicotine,
carbon monoxide, and any other additive des-
ignated by the Secretary in cigar smoke.
Manufacturers of cigars shall report to the Secretary
on the yields of tar, nicotine, carbon monoxide, and
any other additive designated by the Secretary from
cigars when smoked.
(2) REPORT.—Not later than 3 years after the
date of the enactment of this Act, the Secretary of
Health and Human Services shall transmit a report
to the President and to Congress containing—
(A) findings from the cigar health and con-
stituent yield study required under paragraph
(1); and
(B) such recommendations for legislation
or administrative actions as the Secretary
deems appropriate.
The Secretary shall update such report annually
thereafter and make the same transmittal of the up-
dated report.
(b) FTC REPORT.—Not later than one year after the
date of the enactment of this Act and biennially thereafter,
the Federal Trade Commission shall transmit a report to
the President and to Congress containing—
(1) a description of the current sales, adver-
tising, and marketing practices associated with ci-
gars; and
(2) such recommendations for legislation or ad-
ministrative actions as it deems appropriate.
SEC. 6. MONITORING TRENDS IN YOUTH ACCESS TO
CIGARS.
The Secretary of Health and Human Services, in con-
sultation with the Federal Trade Commission and the Sec-
retary of the Treasury, shall monitor trends in youth ac-
cess to, and use of, cigars. If evidence suggests that cigars
are inappropriately accessible to children and adolescents
as a result of differential tax and regulatory treatment,
sales and marketing practices of cigar manufacturers,
changes in consumer tastes, or any other reason, the Sec-
retary shall immediately notify Congress and make such
recommendations for adjusting tax rates or other legisla-
tive or administrative action necessary to ensure that ci-
gars cease to be an attractive alternative to cigarettes for
children and adolescents.
SEC. 7. DEFINITION.
As used in this Act the term ‘‘cigar’’ means any roll
of tobacco wrapped in leaf tobacco or in any substance
containing tobacco, including small cigars that weigh less
than 3 pounds per thousand and large cigars that weigh
more than 3 pounds per thousand and cigar rolling papers.
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