I
103D CONGRESS
1ST SESSION
H. R. 3614
To prescribe labels for packages and advertising for tobacco products, to
restrict the advertising and promotion of tobacco products, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 22, 1993
Mr. WAXMAN (for himself, Mr. SYNAR, Mr. WYDEN, Mr. DURBIN, and Mrs.
SCHROEDER) introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To prescribe labels for packages and advertising for tobacco
products, to restrict the advertising and promotion of
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 Education
and Child Protection Act’’.
SEC. 2. PURPOSE.
It is the purpose of this Act to assure that accurate
information on the adverse health effects of tobacco use
are displayed on tobacco product packaging, advertising,
and promotion in an effective means that will assist—
(1) adolescents who are tempted to start using
tobacco products,
(2) adolescents who are experimenting with to-
bacco and are not yet addicted to tobacco, and
(3) adults and adolescents who are considering
quitting,
to reduce serious risks to their health.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) Tobacco products are the largest prevent-
able cause of illness and premature death 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 smokeless tobacco products
are powerfully addictive because they contain nico-
tine which is a poisonous, addictive drug.
(4) 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) In 1990, the Office of Technology Assess-
ment estimated that the United States health care
system spent an estimated $21,000,000,000 to treat
diseases caused by tobacco use, of which the Federal
Government paid about $6,300,000,000, while lost
productivity costs due to smoking related illness and
premature death were $47,000,000,000.
(6) In 1993 the tobacco industry will spend
over $4,000,000,000 on advertising and promotion
to attract new users, retain current users, increase
current consumption, and generate favorable long-
term attitudes toward smoking and tobacco use.
(7) 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.
(8) 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.
(9) 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.
(10) The display format of tobacco health
warnings can be more effective as a vehicle for pro-
moting public knowledge of the health risks.
(11) 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.
(12) 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.
(13) Health warnings must be displayed on all
materials that bear a tobacco product brand name or
logo because a growing percentage of tobacco adver-
tising expenses have been shifted to activities that
are not presently required to display Federal health
warnings.
(14) 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. 4. PRODUCT PACKAGE LABELING.
(a) IN GENERAL.—
(1) CIGARETTES.—It shall be unlawful for any
person to manufacture, package, or distribute for
sale within the United States any cigarettes unless
the cigarette package bears, in accordance with the
requirements of this section, one of the following
warning labels:
SURGEON GENERAL’S WARNING: Ciga-
rettes Can Kill You
SURGEON GENERAL’S WARNING: Ciga-
rettes Cause Lung Cancer and Emphysema
SURGEON GENERAL’S WARNING: Ciga-
rettes Are a Leading Cause of Infant Mortality
SURGEON GENERAL’S WARNING: Ciga-
rettes Cause Heart Disease and Stroke
SURGEON GENERAL’S WARNING: This
Product Contains Nicotine, an Addicting Drug
SURGEON GENERAL’S WARNING: Quit-
ting Cigarettes Will Improve Athletic Perform-
ance
SURGEON GENERAL’S WARNING: Smok-
ing During Pregnancy Can Harm Your Baby
SURGEON GENERAL’S WARNING: Ciga-
rette Smoke Can Be Harmful to Child Develop-
ment
SURGEON GENERAL’S WARNING: Smoke
From These * Cigarettes Can Cause Cancer in
Nonsmokers.
For purposes of the last warning in the preceding
sentence, * denotes the name of the brand of ciga-
rettes required to bear such label.
(2) SPIT TOBACCO PRODUCT.—It shall be un-
lawful for any person to manufacture, 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:
SURGEON GENERAL’S WARNING: Spit
Tobacco Can Cause Mouth Cancer
SURGEON GENERAL’S WARNING: Spit
Tobacco Is Not a Safe Alternative to Cigarettes
SURGEON GENERAL’S WARNING: This
Product Contains Nicotine, an Addicting Drug.
SURGEON GENERAL’S WARNING: Use of
* Spit Tobacco Can Cause Gum Disease and
Tooth Loss
For purposes of the last warning in the preceding
sentence, * denotes the name of the brand of spit to-
bacco required to bear such label.
(b) LABEL FORMAT.—
(1) IN GENERAL.—The warning labels required
by 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,
(B) be in a size which is not less than 25
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 ‘‘SURGEON GENERAL’S WARN-
ING’’ shall appear in bright red letters,
(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) LABEL REQUIREMENT FOR OTHER PROD-
UCTS.—Any non-tobacco product—
(A) which bears the name of a tobacco
product brand or brand family or which uses a
color or color combination, logo, or symbol asso-
ciated with a tobacco product brand or brand
family in its packaging, advertising, or pro-
motion, and
(B) the production or marketing of which
is substantially controlled by the manufacturer
of the tobacco product referenced on the non-
tobacco product,
shall incorporate, in its packaging, advertising, and
promotion, any label which is required for the pack-
aging of the tobacco product which is referenced.
(c) ROTATION.—The warning labels required by sub-
section (a) shall be rotated by each manufacturer of ciga-
rettes and spit tobacco products on each brand of ciga-
rettes and spit tobacco products in accordance with a plan
approved for the manufacturer by the Secretary. Each
such plan shall provide for an approximately even distribu-
tion 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, package, 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).
(2) SPIT TOBACCO.—It shall be unlawful for
any person to manufacture, package, or distribute
for sale within the United States any spit tobacco
product unless the advertising for such product
bears the warning label required for spit tobacco
products by section 4(a)(2)).
(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 words ‘‘SUR-
GEON GENERAL’S WARNING’’ shall appear
in bright red letters,
(B) be in a rectangular shape which occu-
pies 25 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, and
(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.
(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. ADVERTISING AND PROMOTION REQUIREMENTS.
(a) ADVERTISING.—It shall be unlawful for any per-
son to manufacture, package, or distribute for sale within
the United States any tobacco product unless the advertis-
ing for such tobacco product conforms with the following
requirements:
(1) AUDIO
TAPE, AUDIO
DISCS, VIDEOTAPE,
AND FILM.—No tobacco product may be advertised
on any audio tape, audio disc, videotape, video ar-
cade game, or film.
(2) LOCATION.—No tobacco product advertise-
ment shall be located—
(A) in or on a sports stadium or other
sports facility or any other facility where sport-
ing activity is performed, or
(B) within 2,000 feet of any school which
students under the age of 18 years of age regu-
larly attend.
(3) CONTENT.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), no tobacco advertisement or
package label shall contain any representation
with respect to health or safety, including rep-
resentations concerning the level of or removal,
reduction, or addition of ingredients, tar, nico-
tine, carbon monoxide, or filters or any other
mechanism, device, or constituent.
(B) EXCEPTION.—A tobacco advertisement
tobacco product package label may contain a
representation described in subparagraph (A)
if—
(i) the Secretary has determined by
regulation that such representation is sig-
nificant in terms of affecting health and
safety and is based upon significant sci-
entific agreement, and
(ii) such representation is presented
in such form as the Secretary may by reg-
ulation prescribe.
(b) PROMOTION.—It shall be unlawful for any person
to manufacture, package, or distribute for sale within the
United States any tobacco product unless the promotion
for such tobacco product conforms with the following
requirements:
(1) DISTRIBUTION.—No tobacco product may
be distributed or caused to be distributed as a free
sample.
(2) VENDING MACHINE.—No tobacco product
may be sold or distributed through a vending ma-
chine unless the machine is located in a facility
which prohibits entry to all individuals under age 18
and which displays a health warning pursuant to
regulations of the Secretary which assure promi-
nence equivalent to that required by section 5(b)(1).
(3) SPONSORSHIP.—No athletic, music, artistic,
or other event may be sponsored or caused to be
sponsored in the name of a tobacco product trade-
mark or in a manner so that a tobacco product
trademark is publicly identified as a sponsor of, or
in any way associated with, such an event unless the
Secretary has approved a plan for the simultaneous
dissemination of health information at such event in
the same proportion or prominence as the sponsor
has sponsored such event.
(4) APPEARANCE WITH ENTERTAINMENT.—To
pay or cause to be paid to have any tobacco product
or any tobacco product trademark appear in any
movie, music video, television show, play, video ar-
cade game, or other form of entertainment.
(5) SPORTS EQUIPMENT.—No tobacco product
trademark may appear on any vehicle, boat, or other
equipment or clothing used in sports unless such
equipment or clothing displays a health warning pur-
suant to regulations of the Secretary which assure
prominence equivalent to that required by section
5(b)(1).
SEC. 7. AUTHORITY TO REVISE HEALTH WARNINGS.
The Secretary may by regulation revise any health
warning required by section 4 or 5 and the format for
the display of such warning if the Secretary finds that
such revision would promote greater understanding of the
risks of tobacco.
SEC. 8. ENFORCEMENT.
(a) IN GENERAL.—
(1) 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.
(2) 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.
(3) The Secretary shall monitor compliance
with the requirements of this Act.
(4) 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, 5, 6, 7, and 8. Such
a civil action may be brought in the United States
district court for the judicial district in which any
substantial 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 de-
fendant resides or may be found and subpoenas re-
quiring attendance 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, 5, 6, 7, or 8 shall be subject to a
civil penalty of not more than $100,000 for each violation
per day.
SEC. 9. PREEMPTION.
(a) FEDERAL ACTION.—No statement relating to the
use of a tobacco product and health effects, other than
a statement required by or under this Act, shall be re-
quired by any Federal agency to appear on any tobacco
product package or in any advertisement of a tobacco
product.
(b) STATE AND LOCAL ACTION.—No statement relat-
ing to the use of a tobacco product and health effects,
other than a statement required by or under this Act, shall
be required by any State or local statute or regulation to
be included on any package of a tobacco product or in
any advertisement of a tobacco product.
(c) EFFECT ON LIABILITY LAW.—Compliance with
any requirement of this Act, the Federal Cigarette Label-
ing and Advertising Act (15 U.S.C. 1331 et seq.), or the
Comprehensive Smokeless Tobacco Health Education Act
of 1986 (15 U.S.C. 4401 et seq.) shall not relieve any per-
son from liability to any other person at common law or
under State statutory law.
SEC. 10. 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 promotion allowances,
(C) utilitarian items,
(D) any reference to the brand name of a
tobacco product, and