I
105TH CONGRESS
1ST SESSION
H. R. 1244
To prescribe labels for packages and advertising for tobacco products, to
provide for the disclosure of certain information relating to tobacco
products, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 8, 1997
Mr. MEEHAN (for himself, Mr. HANSEN, Mr. RIGGS, Mr. WAXMAN, Mr.
SERRANO, and Mr. VISCLOSKY) introduced the following bill; which was
referred to the Committee on Commerce
A BILL
To prescribe labels for packages and advertising for tobacco
products, to provide for the disclosure of certain informa-
tion relating to tobacco products, and for other purposes.
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 ‘‘Tobacco Disclosure
and Warning Act of 1997’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Tobacco products are the largest prevent-
able cause of illness and premature death, respon-
sible for 1 of every 5 deaths in the United States.
(2) Tobacco is a uniquely harmful product in
that it is the only product which kills when used as
intended.
(3) Cigarettes and spit tobacco products are
powerfully addictive because they contain nicotine
which is a poisonous, addictive drug.
(4) Tobacco-related addiction is a pediatric dis-
ease. The vast majority of new smokers are teen-
agers or younger and children are beginning to
smoke today at a younger age than ever before.
(5) The United States health care system
spends an estimated $50 billion a year to treat dis-
eases caused by tobacco use. In addition, the United
States economy loses $50 billion a year from lost
productivity due to tobacco-related illnesses and pre-
mature death.
(6) The nicotine in tobacco products is respon-
sible for the addiction of up to one half of all chil-
dren who experiment with tobacco.
(7) More than 3,000 children begin smoking
each day. An estimated 1,000 of them will die from
a tobacco-related illness.
(8) Tobacco manufacturers manipulate the lev-
els and presence of the drug nicotine in their prod-
ucts with the intent to cause and sustain addiction
in consumers.
(9) In 1997 the tobacco industry will spend
over $5 billion on advertising and promotion to at-
tract new users, retain current users, increase cur-
rent consumption, and generate favorable long-term
attitudes toward smoking and tobacco use.
(10) The Federal Government has a substantial
interest in ensuring that those who do not use to-
bacco products are not encouraged to use them and
those who use tobacco products are discouraged
from continuing their use.
(11) A failure to provide adequate and complete
health warnings and labeling information to fully in-
form consumers about the risks and dangers of to-
bacco use is misleading.
(12) Health warnings on cigarette packages
have not been updated since 1984 and do not fully
reflect current scientific knowledge on the adverse
health effects of tobacco use.
(13) The display format of tobacco health
warnings can be more effective as a vehicle for pro-
moting public knowledge of the health risks.
(14) Health warnings are most effective when
directed at those people who are tempted to try
smoking, who are experimenting with smoking, or
who are considering a decision to quit smoking.
(15) Health warnings will be most effective
when they are present each time the opportunity to
use a tobacco product occurs and each time tobacco
products are promoted and advertised.
(16) Changes in warning format and revisions
in the text of health warnings further the Federal
government’s commitment to reduce tobacco-related
disease and are a low cost means of enhancing the
effectiveness of other tobacco reduction programs.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) 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
and all other written or other material used for
promoting the sale or consumption of tobacco
products to consumers,
(B) advertising at an internet site,
(C) advertising promotion allowances,
(D) the appearance on any item (other
than cigarettes or other tobacco products) of
the brand name (alone or in conjunction with
any other word), logo, symbol, motto, selling
message, recognizable color or pattern of colors,
or any other indicia of product identification
identical or similar to, or identifiable with,
those used for any brand of cigarettes or other
tobacco products,
(E) any other means used to promote the
identification or purchase of tobacco products.
(2) The term ‘‘brand’’ means a variety of to-
bacco products distinguished by the tobacco used,
tar and nicotine content, flavoring used, size of the
tobacco product, filtration, or packaging.
(3) The term ‘‘cigarette’’ means—
(A) any roll of tobacco wrapped in paper
or in any substance not containing tobacco
which is to be burned,
(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),
(C) little cigars which are any roll of to-
bacco wrapped in leaf tobacco or any substance
containing tobacco (other than any roll of to-
bacco which is a cigarette within the meaning
of subparagraph (A)) and as to which one thou-
sand units weigh not more than 3 pounds, and
(D) loose rolling tobacco and papers or
tubes used to contain such tobacco.
(4) The term ‘‘constituent’’ means any element
of tobacco or cigarette mainstream or sidestream
smoke, including tar, the components of the tar, nic-
otine, and carbon monoxide or any other component
designated by the Secretary.
(5) The term ‘‘distributor’’ does not include a
retailer and the term ‘‘distribute’’ does not include
retail distribution.
(6) The term ‘‘ingredient’’ means any substance
the use of which results, or may reasonably be ex-
pected to result, directly or indirectly, in its becom-
ing a component of any tobacco product, including
any component of the paper or filter of such prod-
uct.
(7) The term ‘‘package’’ means a pack, box,
carton, or other container of any kind in which ciga-
rettes or other tobacco products are offered for sale,
sold, or otherwise distributed to customers.
(8) The term ‘‘Secretary’’ means the Secretary
of Health and Human Services.
(9) The term ‘‘spit tobacco’’ means any finely
cut, ground, powdered, or leaf tobacco that is in-
tended to be placed in the oral cavity.
(10) The term ‘‘tar’’ means the particulate
matter from tobacco smoke minus water and nico-
tine.
(11) The term ‘‘tobacco product’’ means—
(A) cigarettes,
(B) little cigars,
(C) cigars as defined in section 5702 of
the Internal Revenue Code of 1954,
(D) pipe tobacco,
(E) loose rolling tobacco and papers used
to contain such tobacco,
(F) products referred to as spit tobacco,
and
(G) any other form of tobacco intended for
human consumption.
(12) The term ‘‘trademark’’ means any word,
name, symbol, logo, or device or any combination
thereof used by a person to identify or distinguish
such person’s goods from those manufactured or
sold by another person and to indicate the source of
the goods.
(13) The term ‘‘United States’’ includes the
States and installations of the Armed Forces of the
United States located outside a State.
(14) The term ‘‘State’’ includes, in addition to
the 50 States, the District of Columbia, Guam, the
Commonwealth of Puerto Rico, the Northern Mari-
ana Islands, the Virgin Islands, American Samoa,
and the Trust Territory of the Pacific Islands.
SEC. 4. PRODUCT PACKAGE LABELING.
(a) IN GENERAL.—
(1) CIGARETTES.—
(A) WARNINGS.—It shall be unlawful for
any person to manufacture, import, package, or
distribute for sale within the United States any
cigarettes unless the cigarette package bears, in
accordance with the requirements of this sec-
tion, one of the following warning labels:
WARNING: Cigarettes Kill
WARNING: Cigarettes Cause Lung Can-
cer and Emphysema
WARNING: 
Cigarettes 
Cause 
Infant
Death
WARNING: Cigarettes Cause Heart At-
tacks and Stroke
WARNING: Cigarettes Are Addictive
WARNING: Nicotine Is An Addictive
Drug
WARNING: Cigarette Smoking Harms
Athletic Performance
WARNING: Smoking During Pregnancy
Can Harm Your Baby
WARNING: Cigarette Smoke Is Harmful
to Children
WARNING: Smoke From * Cigarettes
Can Cause Cancer in Nonsmokers.
For purposes of the last warning in the preced-
ing sentence, * denotes the name of the brand
of cigarettes required to bear such label.
(B) INGREDIENTS AND CONSTITUENTS.—
It shall be unlawful for any person to manufac-
ture, import, package, or distribute for sale
within the United States any cigarettes unless
the cigarette package contains a package insert,
in accordance with the requirements of this sec-
tion, the ingredients and constituents of the
cigarettes which were reported to the Secretary
under section 7 and which the Secretary deter-
mines should be made public.
(C) PACKAGE INSERT.—
(i) IN GENERAL.—It shall be unlawful
for any person to manufacture, import,
package, or distribute for sale within the
United States any cigarettes unless the
cigarette package includes a package in-
sert, prepared in accordance with guide-
lines established by the Secretary by regu-
lation, on the carcinogens and other sub-
stances posing a risk to human health con-
tained in the ingredients and constituents
of the cigarettes in such package.
(ii) REGULATIONS.—The Secretary
shall issue regulations requiring the pack-
age insert required by clause (i) to provide
the information required by such clause
(including carcinogens and other dan-
gerous substances) in a prominent, clear
fashion and a detailed list of the ingredi-
ents and constituents.
(2) SPIT TOBACCO PRODUCT.—
(A) WARNINGS.—It shall be unlawful for
any person to manufacture, import, package, or
distribute for sale within the United States any
spit tobacco product unless the product package
bears, in accordance with the requirements of
this section, one of the following warning labels:
WARNING: Spit Tobacco Causes Mouth
Cancer
WARNING: Spit Tobacco Is Not a Safe
Alternative to Cigarettes
WARNING: Spit Tobacco Is Addictive
WARNING: Nicotine Is An Addictive
Drug
WARNING: Use of * Spit Tobacco Can
Cause Gum Disease
WARNING: Use of * Spit Tobacco Can
Cause Tooth Loss
For purposes of the last warning in the preced-
ing sentence, * denotes the name of the brand
of spit tobacco required to bear such label.
(B) INGREDIENTS AND CONSTITUENTS.—
It shall be unlawful for any person to manufac-
ture, import, package, or distribute for sale
within the United States any spit tobacco un-
less the spit tobacco package bears, in accord-
ance with the requirements of this section, the
ingredients and constituents of the spit tobacco
which were reported to the Secretary under sec-
tion 7 and which the Secretary determines
should be made public.
(3) OTHER TOBACCO PRODUCTS.—
(A) WARNINGS.—It shall be unlawful for
any person to manufacture, import, package, or
distribute for sale within the United States any
tobacco product, other than cigarettes or spit
tobacco, unless the product package bears, in
accordance with the requirements of this sec-
tion, one of the following warning labels:
WARNING: Tobacco Kills
WARNING: Tobacco Causes Lung Cancer
and Emphysema
WARNING: Tobacco Causes Infant Death
WARNING: Tobacco Causes Heart At-
tacks and Stroke
WARNING: Tobacco Is Addictive
WARNING: Nicotine Is An Addictive
Drug
WARNING: Tobacco Harms Athletic Per-
formance
WARNING: Tobacco Use During Preg-
nancy Can Harm Your Baby
WARNING: Tobacco Smoke Is Harmful to
Children
WARNING: Tobacco Smoke Can Cause
Cancer in Nonsmokers
(B) INGREDIENTS AND CONSTITUENTS.—
It shall be unlawful for any person to manufac-
ture, import, package, or distribute for sale
within the United States any tobacco product
subject to subparagraph (A) unless the tobacco
product package bears, in accordance with the
requirements of this section, the ingredients
and constituents of the tobacco product which
were reported to the Secretary under section 7
and which the Secretary determines should be
made public.
(b) LABEL FORMAT.—
(1) IN GENERAL.—The warning labels required
by paragraphs (1)(A), (2), and (3) of subsection (a)
shall—
(A) appear on the top of the 2 most promi-
nent sides of the product package on which the
label is required and 1 label shall be in Spanish,
(B) be in a size which is not less than 33
percent of the side on which the label is placed,
(C) appear in white letters on black back-
ing or in black letters on white backing, which-
ever is more conspicuous and prominent in con-
trast to the color of the package, except that
the words ‘‘WARNING’’ shall appear in bright
red letters and if the package does not have any
color, the words ‘‘WARNING’’ shall be in black
or white as prescribed by this subparagraph
and shall be boldly underlined with a black or
white underlining,
(D) be in a rectangular shape enclosed in
a border of color contrasting to the color of the
backing prescribed by subparagraph (C) and to
the predominant color of the package, and
(E) include letters in a height, thickness,
and type face which assures that the letters in
the space provided for the statement will be no
less legible, prominent, and conspicuous than
the most legible, prominent, and conspicuous
typeface, typography, and size of other matter
printed on the side of the package on which the
label statement appears.
(2) FORMAT FOR OTHER CIGARETTE LABELS.—
The label required by paragraph (1)(B) of sub-
section (a) shall appear on the package in such style
and format as the Secretary may by regulation pre-
scribe.
(c) ROTATION.—The warning labels required by
paragraphs (1)(A) and (2) of subsection (a) shall be ro-
tated by each manufacturer of cigarettes and spit tobacco
products on each brand of cigarettes and spit tobacco
products in accordance with a plan approved for the man-
ufacturer by the Secretary. Each such plan shall provide
for an approximately even distribution of the labels among
the packages of a brand of the cigarettes and spit tobacco
products of each manufacturer each year.
SEC. 5. LABELING IN ADVERTISING.
(a) IN GENERAL.—
(1) CIGARETTE ADVERTISING.—It shall be un-
lawful for any person to manufacture, import, pack-
age, or distribute for sale within the United States
any brand of cigarettes unless the advertising for
such brand bears the warning label required for
cigarettes by section 4(a)(1)(A).
(2) SPIT TOBACCO.—It shall be unlawful for
any person to manufacture, import, package, or dis-
tribute for sale within the United States any spit to-
bacco product unless the advertising for such prod-
uct bears the warning label required for spit tobacco
products by section 4(a)(2)).
(3) OTHER TOBACCO PRODUCTS.—It shall be
unlawful for any person to manufacture, import,
package, or distribute for sale within the United
States any tobacco product, other than cigarettes or
spit tobacco, unless the advertising for such product
bears the warning label required for such product by
section 4(a)(3)).
(b) FORMAT.—
(1) WARNING LABELS.—The warning label re-
quired by subsection (a) for advertising shall—
(A) appear in white letters on black back-
ing or in black letters on white backing, which-
ever is most prominent relative to the color of
the advertisement, except that the word
‘‘WARNING’’ shall appear in bright red letters
and in an advertisement without color ‘‘WARN-
ING’’ shall be in black or white as prescribed
by this subparagraph and shall be boldly under-
lined with a black or white underlining,
(B) be in a rectangular shape which occu-
pies 33 percent of the space of each advertise-
ment and which is located at the top of the ad-
vertisement and enclosed in a border of color
contrasting to the color of the backing pre-
scribed by subparagraph (A) and to the pre-
dominant color of the advertisement of the to-
bacco product being advertised,
(C) include letters in a type face and size
which, within the space limitation prescribed by
subparagraph (B), assure that the letters in the
statement will be no less legible, prominent, or
conspicuous than the most legible, prominent,
and conspicuous typeface, typography, and size
of other matter printed on the advertisement,
and
(D) be in the same language as the text of
the advertising in which it appears.
(2) BILLBOARDS WITH LIGHTING.—The warn-
ing label on billboards which use artificial lighting
shall be no less visible than other printed matter on
the billboard when the lighting is in use.
(c) ROTATION.—
(1) NON-BILLBOARD
ADVERTISING.—Warning
labels on advertising (other than billboard advertis-
ing) shall be rotated quarterly in alternating se-
quence for each brand of cigarettes or spit tobacco
product manufactured by the manufacturer or im-
ported by the importer in accordance with a plan
submitted by the manufacturer or importer and ap-
proved by the Secretary.
(2) BILLBOARDS.—Warning labels on advertis-
ing displayed on billboards shall be rotated annually
or whenever the advertisement is changed, whichever
occurs first.
SEC. 6. AUTHORITY TO REVISE HEALTH WARNINGS.
The Secretary may by regulation revise any health
warning required by section 4(a)(1)(A), 4(a)(2), or 4(a)(3)
and the format for the display of such warning if the Sec-
retary finds that such revision would promote greater un-
derstanding of the risks of tobacco.
SEC. 7. TOBACCO PRODUCT INGREDIENTS AND CONSTITU-
ENTS.
(a) GENERAL RULE.—Each person which manufac-
tures, packages, or imports into the United States any to-
bacco product shall annually report, in a form and at a
time specified by the Secretary by regulation—
(1) the identity of any added constituent of the
tobacco product other than tobacco, water, or recon-
stituted tobacco sheet made wholly from tobacco,
and
(2) the nicotine, tar, and carbon monoxide yield
ratings which shall accurately predict the nicotine,
tar, and carbon monoxide intake from such tobacco
product for average consumers based on standards
established by the Secretary by regulation,
if such information is not information which the Secretary
determines to be trade secret or confidential information
subject to section 552(b)(4) of title 5, United States Code,
and section 1905 of title 18, United States Code. The con-
stituents identified under paragraph (1) shall be listed in
descending order according to weight, measure, or numeri-
cal count. If any of such constituents is carcinogenic or
otherwise poses a risk to human health, as determined by
the Secretary, such information shall be included in the
report.
(b) PUBLIC DISSEMINATION.—The Secretary shall
review the information contained in each report submitted
under subsection (a) and if the Secretary determines that
such information directly affects the public health, the
Secretary shall require that such information be included
in a label under sections 4(a)(1)(B), 4(a)(2)(B), and
4(a)(3)(B).
(c) OTHER SOURCES OF INFORMATION.—The Sec-
retary shall establish a toll-free telephone number and a
site on the Internet which shall make available additional
information on the ingredients of tobacco products, except
information which the Secretary determines to be trade
secret or confidential information subject to section
552(b)(4) of title 5, United States Code, and section 1905
of title 18, United States Code.
SEC. 8. ENFORCEMENT.
(a) IN GENERAL.—
(1) The Secretary shall carry out the Sec-
retary’s duties under this Act through the Commis-
sioner of Food and Drugs.
(2) The Secretary shall issue such regulations
as may be appropriate for the implementation of this
Act. The Secretary shall issue proposed regulations
for such implementation within 180 days of the date
of the enactment of this Act. Not later than 180
days after the date of the publication of such pro-
posed regulations, the Secretary shall issue final reg-
ulations for such implementation. If the Secretary
does not issue such final regulations before the expi-
ration of such 180 days, the proposed regulations
shall become final and the Secretary shall publish a
notice in the Federal Register about the new status
of the proposed regulations.
(3) In carrying out the Secretary’s duties under
this Act, the Secretary shall, as appropriate, consult
with such experts as may have appropriate training
and experience in the matters subject to such duties.
(4) The Secretary shall monitor compliance
with the requirements of this Act.
(5) The Secretary shall recommend to the At-
torney General such enforcement actions as may be
appropriate.
(b) INJUNCTION.—
(1) The district courts of the United States
shall have jurisdiction over civil actions brought to
restrain violations of sections 4 and 5. Such a civil
action may be brought in the United States district
court for the judicial district in which any substan-
tial portion of 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 attend-
ance of witnesses in any such action may be served
in any judicial district.
(2) Any interested organization may bring a
civil action described in paragraph (1). If such an
organization substantially prevails in such an action,
the court may award it reasonable attorney’s fees
and expenses. For purposes of this paragraph, the
term ‘‘interested organization’’ means any nonprofit
organization one of whose purposes, and a substan-
tial part of its activities, include the promotion of
public health through reduction in the use of tobacco
products.
(c) CIVIL PENALTY.—Any person who manufactures,
packages, distributes, or advertises a tobacco product in
violation of section 4 or 5 shall be subject to a civil penalty
of not more than $100,000 for each violation per day.
SEC. 9. LIABILITY.
Compliance with any requirement of this Act, the
Federal Cigarette Labeling and Advertising Act (15
U.S.C. 1331 et seq.), or the Comprehensive Smokeless To-
bacco Health Education Act of 1986 (15 U.S.C. 4401 et
seq.) shall not relieve any person from liability to any
other person at common law or under State statutory law.
SEC. 10. EFFECTIVE DATES AND CONFORMING AMEND-
MENTS.
(a) EFFECTIVE DATES.—This Act shall take effect
on the date of the enactment of this Act, except that
(1) sections 4, 5, and 7 shall take effect one
year after the date of the enactment of this Act, and
(2) section 6 shall take effect 3 years after the
date of the enactment of this Act.
(b) CONFORMING AMENDMENTS.—Effective one year
from the date of the enactment of this Act, the Federal
Cigarette Labeling and Advertising Act (other than sec-
tions 6, 9, 10, and 11) (15 U.S.C. 1331 et seq.) and the
Comprehensive Smokeless Tobacco Health Education Act
of 1986 (other than sections 1, 2, 3(f), and 8) (15 U.S.C.
4401 et seq.) are repealed.
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