I
107TH CONGRESS
1ST SESSION
H. R. 1453
To strengthen warning labels on smokeless tobacco products.
IN THE HOUSE OF REPRESENTATIVES
APRIL 4, 2001
Mr. GALLEGLY introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To strengthen warning labels on smokeless 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.
This Act may be cited as the ‘‘Smokeless Tobacco
Warning Label Act’’.
SEC. 2. SMOKELESS TOBACCO LABELS AND ADVERTISING
WARNINGS.
Section 3 of the Comprehensive Smokeless Tobacco
Health Education Act of 1986 (15 U.S.C. 4402) is amend-
ed to read as follows:
‘‘SEC. 3. SMOKELESS TOBACCO WARNING.
‘‘(a) PACKAGING.—
‘‘(1) WARNING STATEMENTS.—It shall be un-
lawful for any person to manufacture, package, or
import for sale or distribution within the United
States any smokeless tobacco product unless the
product package bears, in accordance with the re-
quirements of this Act, one of the following labels:
‘WARNING: This Product Can Cause Mouth Can-
cer’
‘WARNING: This Product Can Cause Gum Disease
And Tooth Loss’
‘WARNING: This Product Is Not A Safe Alter-
native To Cigarettes’
‘WARNING: Smokeless Tobacco Is Addictive’.
‘WARNING: This Product Contains Cancer Causing
Chemicals’.
‘‘(2) LOCATION AND SIZE.—Each label state-
ment required by paragraph (1) shall—
‘‘(A) comprise 20 percent of the area of
each principal display panel of the package;
‘‘(B) have the word ‘WARNING’ appear in
capital letters; and
‘‘(C) as determined appropriate by the Sec-
retary of Health and Human Services in con-
junction with the Federal Trade Commission,
have all other words in the statement appear in
clear and conspicuous and legible type, in black
text on a white background, or white text on a
black background, and in a manner that con-
trasts by typography, layout, or color, with all
other printed material on the package.
‘‘(3) RESPONSIBILITY.—The label statements
required by paragraph (1) shall be introduced by
each tobacco product manufacturer, packager, im-
porter, distributor, or retailer of smokeless tobacco
products concurrently into the distribution chain of
such products.
‘‘(4) EXEMPTION.—This subsection does not
apply to a tobacco product manufacturer or dis-
tributor of any smokeless tobacco product that does
not manufacture, package, or import smokeless to-
bacco products for sale or distribution within the
United States.
‘‘(b) ADVERTISING.—
‘‘(1) ILLEGAL ACT.—It shall be unlawful for
any tobacco product manufacturer, packager, im-
porter, distributor, or retailer of smokeless tobacco
products to advertise or cause to be advertised with-
in the United States any smokeless tobacco product
unless its advertising bears, in accordance with the
requirements of this section, one of the label state-
ments specified in subsection (a).
‘‘(2) STANDARDS
FOR
STATEMENTS.—Each
label statement required by subsection (a) in smoke-
less tobacco advertising shall comply with the stand-
ards set forth in this paragraph. For press and post-
er advertisements, each such statement shall—
‘‘(A) comprise at least 15 percent of the
area of the advertisement;
‘‘(B) have the word ‘WARNING’ appear in
capital letters; and
‘‘(C) as determined appropriate by the Sec-
retary of Health and Human Services in con-
junction with the Federal Trade Commission,
have all other words appear in the statement in
clear and conspicuous and legible type, in black
text on a white background, or white text on a
black background, and in a manner that con-
trasts by typography, layout, or color, with all
other printed material on the advertisement.
‘‘(c) ROTATION AND DISPLAY OF WARNING STATE-
MENTS.—
‘‘(1) PACKAGING.—The label statements re-
quired under subsection (a) shall be randomly dis-
played in each 12-month period, in as equal a num-
ber of times as is possible on each brand of the
product and be randomly distributed in all areas of
the United States in which the product is marketed
in accordance with a plan submitted by the tobacco
product manufacturer, importer, distributor, or re-
tailer and approved by the Secretary of Health and
Human Services.
‘‘(2) ADVERTISING.—The label statements re-
quired under subsection (a) shall be rotated quar-
terly in alternating sequence in advertisements for
each brand of smokeless tobacco product in accord-
ance with a plan submitted by the tobacco product
manufacturer, importer, distributor, or retailer to,
and approved by, the Secretary.
‘‘(3) SECRETARIAL REVIEW.—The Secretary, in
conjunction with the Federal Trade Commission,
shall review each plan submitted under paragraphs
(1) and (2) and approve it if the plan—
‘‘(i) in the case of a plan submitted under
paragraph (1), assures that all of the labels re-
quired under this section will be displayed by
the tobacco product manufacturer, importer,
distributor, or retailer at the same time; and
‘‘(ii) in the case of a plan submitted under
paragraph (2), will provide for the equal dis-
tribution and display on packaging and the ro-
tation required in advertising under this sub-
section.’’.
‘‘(d) ELECTRONIC MEDIA.—It is unlawful to adver-
tise smokeless tobacco on any medium of electronic com-
munications subject to the jurisdiction of the Federal
Communications Commission.’’.
SEC. 3. AUTHORITY TO REVISE SMOKELESS TOBACCO
PRODUCT WARNING LABEL STATEMENTS.
Section 3 of the Comprehensive Smokeless Tobacco
Health Education Act of 1986 (15 U.S.C. 4402), as
amended by section 2, is further amended by adding at
the end the following:
‘‘(e) AUTHORITY TO REVISE LABEL STATEMENTS.—
The Secretary of Health and Human Services may, by a
rulemaking conducted under section 553 of title 5, United
States Code, adjust the format, type size, and text of any
of the label statements required by subsection (a) if the
Secretary finds that such a change would promote greater
public understanding of the risks associated with the use
of smokeless tobacco products.’’.
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