[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 15, 2007] 
A BILL 
To protect the public health by providing the Food and 
Drug Administration with certain authority to regulate 
tobacco products. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Family Smoking Prevention and Tobacco Control Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of this 
Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Purpose. 
Sec. 4. Scope and effect. 
Sec. 5. Severability. 
TITLE I—AUTHORITY OF THE FOOD AND DRUG ADMINISTRATION 
Sec. 101. Amendment of Federal Food, Drug, and Cosmetic Act. 
Sec. 102. Final rule. 
Sec. 103. Conforming and other amendments to general provisions. 
Sec. 104. Study on raising the minimum age to purchase tobacco products. 
Sec. 105. Tobacco industry concentration. 
TITLE II—TOBACCO PRODUCT WARNINGS; CONSTITUENT AND 
SMOKE CONSTITUENT DISCLOSURE 
Sec. 201. Cigarette label and advertising warnings. 
Sec. 202. Authority to revise cigarette warning label statements. 
Sec. 203. State regulation of cigarette advertising and promotion. 
Sec. 204. Smokeless tobacco labels and advertising warnings. 
Sec. 205. Authority to revise smokeless tobacco product warning label statements. 
Sec. 206. Tar, nicotine, and other smoke constituent disclosure to the public. 
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TITLE III—PREVENTION OF ILLICIT TRADE IN TOBACCO PRODUCTS 
Sec. 301. Labeling, recordkeeping, records inspection. 
Sec. 302. Study and report. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The use of tobacco products by the Nation’s 
children is a pediatric disease of considerable propor-
tions that results in new generations of tobacco-de-
pendent children and adults. 
(2) A consensus exists within the scientific and 
medical communities that tobacco products are inher-
ently dangerous and cause cancer, heart disease, and 
other serious adverse health effects. 
(3) Nicotine is an addictive drug. 
(4) Virtually all new users of tobacco products 
are under the minimum legal age to purchase such 
products. 
(5) Tobacco advertising and marketing con-
tribute significantly to the use of nicotine-containing 
tobacco products by adolescents. 
(6) Because past efforts to restrict advertising 
and marketing of tobacco products have failed ade-
quately to curb tobacco use by adolescents, comprehen-
sive restrictions on the sale, promotion, and distribu-
tion of such products are needed. 
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(7) Federal and State Governments have lacked 
the legal and regulatory authority and resources they 
need to address comprehensively the public health and 
societal problems caused by the use of tobacco prod-
ucts. 
(8) Federal and State public health officials, the 
public health community, and the public at large rec-
ognize that the tobacco industry should be subject to 
ongoing oversight. 
(9) Under article I, section 8 of the Constitution, 
the Congress is vested with the responsibility for regu-
lating interstate commerce and commerce with Indian 
tribes. 
(10) The sale, distribution, marketing, adver-
tising, and use of tobacco products are activities in 
and substantially affecting interstate commerce be-
cause they are sold, marketed, advertised, and distrib-
uted in interstate commerce on a nationwide basis, 
and have a substantial effect on the Nation’s economy. 
(11) The sale, distribution, marketing, adver-
tising, and use of such products substantially affect 
interstate commerce through the health care and other 
costs attributable to the use of tobacco products. 
(12) It is in the public interest for Congress to 
enact legislation that provides the Food and Drug Ad-
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ministration with the authority to regulate tobacco 
products and the advertising and promotion of such 
products. The benefits to the American people from 
enacting such legislation would be significant in 
human and economic terms. 
(13) Tobacco use is the foremost preventable 
cause of premature death in America. It causes over 
400,000 deaths in the United States each year, and 
approximately 8,600,000 Americans have chronic ill-
nesses related to smoking. 
(14) Reducing the use of tobacco by minors by 
50 percent would prevent well over 10,000,000 of to-
day’s children from becoming regular, daily smokers, 
saving over 3,000,000 of them from premature death 
due to tobacco-induced disease. Such a reduction in 
youth smoking would also result in approximately 
$75,000,000,000 in savings attributable to reduced 
health care costs. 
(15) Advertising, marketing, and promotion of 
tobacco products have been especially directed to at-
tract young persons to use tobacco products, and these 
efforts have resulted in increased use of such products 
by youth. Past efforts to oversee these activities have 
not been successful in adequately preventing such in-
creased use. 
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(16) In 2005, the cigarette manufacturers spent 
more than $13,000,000,000 to attract new users, re-
tain current users, increase current consumption, and 
generate favorable long-term attitudes toward smoking 
and tobacco use. 
(17) 
Tobacco 
product 
advertising 
often 
misleadingly portrays the use of tobacco as socially 
acceptable and healthful to minors. 
(18) Tobacco product advertising is regularly 
seen by persons under the age of 18, and persons 
under the age of 18 are regularly exposed to tobacco 
product promotional efforts. 
(19) Through advertisements during and spon-
sorship of sporting events, tobacco has become strongly 
associated with sports and has become portrayed as 
an integral part of sports and the healthy lifestyle as-
sociated with rigorous sporting activity. 
(20) Children are exposed to substantial and un-
avoidable tobacco advertising that leads to favorable 
beliefs about tobacco use, plays a role in leading 
young people to overestimate the prevalence of tobacco 
use, and increases the number of young people who 
begin to use tobacco. 
(21) The use of tobacco products in motion pic-
tures and other mass media glamorizes its use for 
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young people and encourages them to use tobacco 
products. 
(22) Tobacco advertising expands the size of the 
tobacco market by increasing consumption of tobacco 
products including tobacco use by young people. 
(23) Children are more influenced by tobacco 
marketing than adults: more than 80 percent of youth 
smoke three heavily marketed brands, while only 54 
percent of adults, 26 and older, smoke these same 
brands. 
(24) Tobacco company documents indicate that 
young people are an important and often crucial seg-
ment of the tobacco market. Children, who tend to be 
more price sensitive than adults, are influenced by 
advertising and promotion practices that result in 
drastically reduced cigarette prices. 
(25) Comprehensive advertising restrictions will 
have a positive effect on the smoking rates of young 
people. 
(26) Restrictions on advertising are necessary to 
prevent unrestricted tobacco advertising from under-
mining legislation prohibiting access to young people 
and providing for education about tobacco use. 
(27) International experience shows that adver-
tising regulations that are stringent and comprehen-
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sive have a greater impact on overall tobacco use and 
young people’s use than weaker or less comprehensive 
ones. 
(28) Text only requirements, although not as 
stringent as a ban, will help reduce underage use of 
tobacco products while preserving the informational 
function of advertising. 
(29) It is in the public interest for Congress to 
adopt legislation to address the public health crisis 
created by actions of the tobacco industry. 
(30) The final regulations promulgated by the 
Secretary of Health and Human Services in the Au-
gust 28, 1996, issue of the Federal Register (61 Fed. 
Reg. 44615–44618) for inclusion as part 897 of title 
21, Code of Federal Regulations, are consistent with 
the first amendment to the United States Constitution 
and with the standards set forth in the amendments 
made by this subtitle for the regulation of tobacco 
products by the Food and Drug Administration, and 
the restriction on the sale and distribution of, includ-
ing access to and the advertising and promotion of, 
tobacco products contained in such regulations are 
substantially related to accomplishing the public 
health goals of this Act. 
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(31) The regulations described in paragraph (30) 
will directly and materially advance the Federal Gov-
ernment’s substantial interest in reducing the number 
of children and adolescents who use cigarettes and 
smokeless tobacco and in preventing the life-threat-
ening health consequences associated with tobacco use. 
An overwhelming majority of Americans who use to-
bacco products begin using such products while they 
are minors and become addicted to the nicotine in 
those products before reaching the age of 18. Tobacco 
advertising and promotion play a crucial role in the 
decision of these minors to begin using tobacco prod-
ucts. Less restrictive and less comprehensive ap-
proaches have not and will not be effective in reduc-
ing the problems addressed by such regulations. The 
reasonable restrictions on the advertising and pro-
motion of tobacco products contained in such regula-
tions will lead to a significant decrease in the number 
of minors using and becoming addicted to those prod-
ucts. 
(32) The regulations described in paragraph (30) 
impose no more extensive restrictions on communica-
tion by tobacco manufacturers and sellers than are 
necessary to reduce the number of children and ado-
lescents who use cigarettes and smokeless tobacco and 
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to prevent the life-threatening health consequences as-
sociated with tobacco use. Such regulations are nar-
rowly tailored to restrict those advertising and pro-
motional practices which are most likely to be seen or 
heard by youth and most likely to entice them into 
tobacco use, while affording tobacco manufacturers 
and sellers ample opportunity to convey information 
about their products to adult consumers. 
(33) Tobacco dependence is a chronic disease, one 
that typically requires repeated interventions to 
achieve long-term or permanent abstinence. 
(34) Because the only known safe alternative to 
smoking is cessation, interventions should target all 
smokers to help them quit completely. 
(35) Tobacco products have been used to facili-
tate and finance criminal activities both domestically 
and internationally. Illicit trade of tobacco products 
has been linked to organized crime and terrorist 
groups. 
(36) It is essential that the Food and Drug Ad-
ministration review products sold or distributed for 
use to reduce risks or exposures associated with to-
bacco products and that it be empowered to review 
any advertising and labeling for such products. It is 
also essential that manufacturers, prior to marketing 
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such products, be required to demonstrate that such 
products will meet a series of rigorous criteria, and 
will benefit the health of the population as a whole, 
taking into account both users of tobacco products 
and persons who do not currently use tobacco prod-
ucts. 
(37) Unless tobacco products that purport to re-
duce the risks to the public of tobacco use actually re-
duce such risks, those products can cause substantial 
harm to the public health to the extent that the indi-
viduals, who would otherwise not consume tobacco 
products or would consume such products less, use to-
bacco products purporting to reduce risk. Those who 
use products sold or distributed as modified risk prod-
ucts that do not in fact reduce risk, rather than quit-
ting or reducing their use of tobacco products, have 
a substantially increased likelihood of suffering dis-
ability and premature death. The costs to society of 
the widespread use of products sold or distributed as 
modified risk products that do not in fact reduce risk 
or that increase risk include thousands of unnecessary 
deaths and injuries and huge costs to our health care 
system. 
(38) As the National Cancer Institute has found, 
many smokers mistakenly believe that ‘‘low tar’’ and 
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‘‘light’’ cigarettes cause fewer health problems than 
other cigarettes. As the National Cancer Institute has 
also found, mistaken beliefs about the health con-
sequences of smoking ‘‘low tar’’ and ‘‘light’’ cigarettes 
can reduce the motivation to quit 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 distributed 
as modified risk tobacco products that do not in fact 
reduce risk are so high that there is a compelling gov-
ernmental interest in ensuring that statements about 
modified risk tobacco products are complete, accurate, 
and relate to the overall disease risk of the product. 
(41) As the Federal Trade Commission has 
found, consumers have misinterpreted advertisements 
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 clari-
fication. 
(42) Permitting manufacturers to make unsub-
stantiated statements concerning modified risk to-
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