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SEC. 11. TAR, NICOTINE, AND OTHER SMOKE CONSTITUENT
DISCLOSURE TO THE PUBLIC.
Section 4(a) of the Federal Cigarette Labeling and
Advertising Act (15 U.S.C. 1333(a)), as amended by sec-
tion 4, is further amended by adding at the end the fol-
lowing:
‘‘(4)(A) The Secretary shall, by a rulemaking
conducted under section 553 of title 5, United
States Code, determine (in the Secretary’s sole dis-
cretion) whether cigarette and other tobacco product
manufacturers shall be required to include in the
area of each cigarette advertisement specified by
subsection (b) of this section, or on the package
label, or both, the tar and nicotine yields of the ad-
vertised or packaged brand. Any such disclosure
shall be in accordance with the methodology estab-
lished under such regulations, shall conform to the
type size requirements of subsection (b) of this sec-
tion, and shall appear within the area specified in
subsection (b) of this section.
‘‘(B) Any differences between the requirements
established by the Secretary under subparagraph (A)
and tar and nicotine yield reporting requirements es-
tablished by the Federal Trade Commission shall be
resolved by a memorandum of understanding be-
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tween the Secretary and the Federal Trade Commis-
sion.
‘‘(C) In addition to the disclosures required by
subparagraph (A) of this paragraph, the Secretary
may, under a rulemaking conducted under section
553 of title 5, United States Code, prescribe disclo-
sure requirements regarding the level of any ciga-
rette or other tobacco product smoke constituent.
Any such disclosure may be required if the Secretary
determines that disclosure would be of benefit to the
public health, or otherwise would increase consumer
awareness of the health consequences of the use of
tobacco products, except that no such prescribed dis-
closure shall be required on the face of any cigarette
package or advertisement. Nothing in this section
shall prohibit the Secretary from requiring such pre-
scribed disclosure through a cigarette or other to-
bacco product package or advertisement insert, or by
any other means under the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.).’’.
SEC. 12. REGULATION REQUIREMENT.
(a) TESTING, REPORTING, AND DISCLOSURE.—Not
later than 24 months after the date of enactment of this
Act, the Secretary, through the Commissioner of the Food
and Drug Administration, shall promulgate regulations
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under the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) that meet the requirements of sub-
section (b) of this section.
(b) CONTENTS OF RULES.—The rules promulgated
under subsection (a) shall require the testing, reporting,
and disclosure of tobacco product smoke constituents and
ingredients that the Secretary determines should be dis-
closed to the public in order to protect the public health.
Such constituents shall include tar, nicotine, carbon mon-
oxide, and such other smoke constituents or ingredients
as the Secretary may determine to be appropriate. The
rule may require that tobacco product manufacturers,
packagers, or importers make such disclosures relating to
tar and nicotine through labels or advertising, and make
such disclosures regarding other smoke constituents or in-
gredients as the Secretary determines are necessary to
protect the public health.
(c) AUTHORITY.—The Food and Drug Administra-
tion shall have authority to conduct or to require the test-
ing, reporting, or disclosure of tobacco product smoke con-
stituents.
SEC. 13. FTC JURISDICTION NOT AFFECTED.
(a) IN GENERAL.—Except where expressly provided
in this Act, nothing in this Act shall be construed as lim-
iting or diminishing the authority of the Federal Trade
114
Commission to enforce the laws under its jurisdiction with
respect to the advertising, sale, or distribution of tobacco
products.
(b) ENFORCEMENT BY FTC.—Any advertising that
violates this Act is an unfair or deceptive act or practice
under section 5(a) of the Federal Trade Commission Act
(15 U.S.C. 45(a)) and shall be considered a violation of
a rule promulgated under section 18 of that Act (15
U.S.C. 57a).
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