HR 1256 PCS 
smoking entirely and thereby lead to disease and 
death. 
(39) Recent studies have demonstrated that 
there has been no reduction in risk on a population- 
wide basis from ‘‘low tar’’ and ‘‘light’’ cigarettes, 
and such products may actually increase the risk of 
tobacco use. 
(40) The dangers of products sold or distrib-
uted as modified risk tobacco products that do not 
in fact reduce risk are so high that there is a com-
pelling governmental interest in ensuring that state-
ments about modified risk tobacco products are com-
plete, accurate, and relate to the overall disease risk 
of the product. 
(41) As the Federal Trade Commission has 
found, consumers have misinterpreted advertise-
ments in which one product is claimed to be less 
harmful than a comparable product, even in the 
presence of disclosures and advisories intended to 
provide clarification. 
(42) Permitting manufacturers to make unsub-
stantiated statements concerning modified risk to-
bacco products, whether express or implied, even if 
accompanied by disclaimers would be detrimental to 
the public health. 
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(43) The only way to effectively protect the 
public health from the dangers of unsubstantiated 
modified risk tobacco products is to empower the 
Food and Drug Administration to require that prod-
ucts that tobacco manufacturers sold or distributed 
for risk reduction be reviewed in advance of mar-
keting, and to require that the evidence relied on to 
support claims be fully verified. 
(44) The Food and Drug Administration is a 
regulatory agency with the scientific expertise to 
identify harmful substances in products to which 
consumers are exposed, to design standards to limit 
exposure to those substances, to evaluate scientific 
studies supporting claims about the safety of prod-
ucts, and to evaluate the impact of labels, labeling, 
and advertising on consumer behavior in order to re-
duce the risk of harm and promote understanding of 
the impact of the product on health. In connection 
with its mandate to promote health and reduce the 
risk of harm, the Food and Drug Administration 
routinely makes decisions about whether and how 
products may be marketed in the United States. 
(45) The Federal Trade Commission was cre-
ated to protect consumers from unfair or deceptive 
acts or practices, and to regulate unfair methods of 
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HR 1256 PCS 
competition. Its focus is on those marketplace prac-
tices that deceive or mislead consumers, and those 
that give some competitors an unfair advantage. Its 
mission is to regulate activities in the marketplace. 
Neither the Federal Trade Commission nor any 
other Federal agency except the Food and Drug Ad-
ministration possesses the scientific expertise needed 
to implement effectively all provisions of the Family 
Smoking Prevention and Tobacco Control Act. 
(46) If manufacturers state or imply in commu-
nications directed to consumers through the media 
or through a label, labeling, or advertising, that a to-
bacco product is approved or inspected by the Food 
and Drug Administration or complies with Food and 
Drug Administration standards, consumers are like-
ly to be confused and misled. Depending upon the 
particular language used and its context, such a 
statement could result in consumers being misled 
into believing that the product is endorsed by the 
Food and Drug Administration for use or in con-
sumers being misled about the harmfulness of the 
product because of such regulation, inspection, ap-
proval, or compliance. 
(47) In August 2006 a United States district 
court judge found that the major United States cig-
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arette companies continue to target and market to 
youth. USA v. Philip Morris, USA, Inc., et al. (Civil 
Action No. 99–2496 (GK), August 17, 2006). 
(48) In August 2006 a United States district 
court judge found that the major United States cig-
arette companies dramatically increased their adver-
tising and promotional spending in ways that en-
courage youth to start smoking subsequent to the 
signing of the Master Settlement Agreement in 
1998. USA v. Philip Morris, USA, Inc., et al. (Civil 
Action No. 99–2496 (GK), August 17, 2006). 
(49) In August 2006 a United States district 
court judge found that the major United States cig-
arette companies have designed their cigarettes to 
precisely control nicotine delivery levels and provide 
doses of nicotine sufficient to create and sustain ad-
diction while also concealing much of their nicotine- 
related research. USA v. Philip Morris, USA, Inc., 
et al. (Civil Action No. 99–2496 (GK), August 17, 
2006). 
SEC. 3. PURPOSE. 
The purposes of this Act are— 
(1) to provide authority to the Food and Drug 
Administration to regulate tobacco products under 
the Federal Food, Drug, and Cosmetic Act (21 
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U.S.C. 301 et seq.), by recognizing it as the primary 
Federal regulatory authority with respect to the 
manufacture, marketing, and distribution of tobacco 
products as provided for in this Act; 
(2) to ensure that the Food and Drug Adminis-
tration has the authority to address issues of par-
ticular concern to public health officials, especially 
the use of tobacco by young people and dependence 
on tobacco; 
(3) to authorize the Food and Drug Adminis-
tration to set national standards controlling the 
manufacture of tobacco products and the identity, 
public disclosure, and amount of ingredients used in 
such products; 
(4) to provide new and flexible enforcement au-
thority to ensure that there is effective oversight of 
the tobacco industry’s efforts to develop, introduce, 
and promote less harmful tobacco products; 
(5) to vest the Food and Drug Administration 
with the authority to regulate the levels of tar, nico-
tine, and other harmful components of tobacco prod-
ucts; 
(6) in order to ensure that consumers are better 
informed, to require tobacco product manufacturers 
to disclose research which has not previously been 
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