and nicotine yields are 9 to 12 times greater for a
cigar than for a filter cigarette.
SEC. 3. PROHIBITION ON DISTRIBUTION TO YOUTH.
(a) DISTRIBUTION.—
(1) GENERAL RULE.—No person may sell or
distribute a cigar to any individual who is under the
age of 18.
(2) LOCATION OF PRODUCTS.—Except as pro-
vided in section 122(d), a retailer of cigars shall en-
sure that all cigars are located in areas where cus-
tomers do not have direct access to the products.
(3) FACE-TO-FACE TRANSACTIONS.—A cigar re-
tailer may sell cigars to the ultimate consumer only
in a direct, face-to-face exchange.
(b) MARKETING AND ADVERTISING.—
(1) GENERAL RULE.—The Secretary of Health
and Human Services shall impose such restrictions
on the sale, advertising, distribution, and marketing
of cigars directed at youth as may be appropriate to
limit the sale of cigars to individuals who are 18 or
older.
(2) ELECTRONIC MEDIA.—Cigars may not be
advertised on electronic media, including television,
radio, and any other form of electronic communica-
tion.
(c) SPONSORSHIP.—The Secretary of Health and
Human Services shall encourage manufacturers of cigars
to end the practice of paying for, or participating in, the
placement of cigars in movies and on television where a
substantial segment of the viewing audience is under the
age of 18.
(d) DEFINITION.—The term ‘‘cigar’’ means any roll
of tobacco wrapped in leaf tobacco or in any substance
containing tobacco, including small cigars that weigh less
than 3 pounds per thousand and large cigars that weigh
more than 3 pounds per thousand.
SEC. 4. HEALTH WARNINGS.
The Secretary of Health and Human Services, acting
through the Food and Drug Administration, shall require
such health warnings on the labels of cigars and on cigar
boxes or other packaging as may be appropriate to warn
cigar users about the health risks presented by cigars.
SEC. 5. STUDIES AND REPORTS.
(a) SECRETARY’S STUDY.—
(1) IN GENERAL.—The Secretary of Health and
Human Services shall conduct a study—
(A) to determine the health effects of occa-
sional cigar smoking, nicotine dependence dem-
onstrated by cigar smokers, biological uptake of
toxic and carcinogenic constituents of cigars,
and environmental cigar smoke exposure; and
(B) to determine the yields of tar, nicotine,
carbon monoxide, and any other additive des-
ignated by the Secretary in cigar smoke.
Manufacturers of cigars shall report to the Secretary
on the yields of tar, nicotine, carbon monoxide, and
any other additive designated by the Secretary from
cigars when smoked.
(2) REPORT.—Not later than one year after the
date of the enactment of this Act, the Secretary of
Health and Human Services shall transmit a report
to the President and to Congress containing—
(A) findings from the cigar health and con-
stituent yield study required under paragraph
(1); and
(B) such recommendations for legislation
or administrative actions as the Secretary
deems appropriate.
(b) FTC REPORT.—Not later than one year after the
date of the enactment of this Act and biennially thereafter,
the Federal Trade Commission shall transmit a report to
the President and to Congress containing—
(1) a description of the current sales, advertis-
ing, and marketing practices associated with cigars;
and
(2) such recommendations for legislation or ad-
ministrative actions as it deems appropriate.
SEC. 6. MONITORING TRENDS IN YOUTH ACCESS TO
CIGARS.
The Secretary of Health and Human Services, in con-
sultation with the Federal Trade Commission and the Sec-
retary of the Treasury, shall monitor trends in youth ac-
cess to, and use of, cigars. If evidence suggests that cigars
are inappropriately accessible to children and adolescents,
or that smoking cigars is becoming an attractive alter-
native to smoking cigarettes for children and adolescents
as a result of differential tax and regulatory treatment,
sales and marketing practices of cigar manufacturers,
changes in consumer tastes, or any other reason, the Sec-
retary shall immediately notify Congress and make such
recommendations for adjusting tax rates or other legisla-
tive or administrative action necessary to ensure that ci-
gars cease to be an attractive alternative to cigarettes for
children and adolescents.
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