Family Smoking Prevention and Tobacco Control Act

Bill: 108-s-2461
Sponsor: Sen. DeWine, Mike [R-OH]
Introduced: 2004-05-20 in the Senate
Policy area: Health
Subjects: Administrative procedure
Administrative remedies
Advertising
Agriculture and Food
Business records
Cancer
Carcinogens
Cardiovascular diseases
Chemicals
Child health
Cigarettes
Civil Rights and Liberties, Minority Issues
Commerce
Congress
Congressional investigations
Congressional oversight
Congressional powers
Congressional reporting requirements
Consumer education
Crime and Law Enforcement
Damages
Deceptive advertising
Defective products
Dental care
Department of Health and Human Services
Disciplining of employees
Drug abuse
Drug abuse treatment
Drug adulteration
Drug approvals
Economics and Public Finance
Environmental Protection
Families
Federal Trade Commission
Federal advisory bodies
Federal preemption
Fines (Penalties)
Food and Drug Administration (FDA)
Foreign Trade and International Finance
Freedom of information
Government Operations and Politics
Government paperwork
Government publicity
Health warnings
Herbs
Identification devices
Imports
Independent regulatory commissions
Intellectual property
Judicial review
Labeling
Labor and Employment
Law
Liability (Law)
Licenses
Local laws
Lung cancer
Lung diseases
Marketing
Medical ethics
Medical records
Medical research
Mortality
New products
Nicotine
Packaging
Patients' rights
Pesticide residues
Pregnant women
Product counterfeiting
Product safety
Public health
Public service advertising
Quality control
Research and development
Restrictive trade practices
Retail trade
Right of privacy
Risk
Sales promotion
Science, Technology, Communications
Smokeless tobacco
Smoking
Smoking and youth
Smuggling
Spices
Standards
State laws
Storage
Stroke
Surveys
Tax returns
Taxation
Technological innovations
Tobacco
Tobacco exports
Tobacco industry
Tobacco research
Trade regulation
Trade secrets
Trademarks
User charges
Warning labels
Women
Women's health

Summary:
action_date: 2004-05-20
text: 
Family Smoking Prevention and Tobacco Control Act - Amends the Federal Food, Drug, and Cosmetic Act to provide for the regulation of tobacco products by the Secretary of Health and Human Services through the Food and Drug Administration, including through disclosure, annual registration, inspection, recordkeeping, and user fee requirements.
 
Sets forth criteria by which tobacco products are deemed adulterated or misbranded.
 
Allows the Secretary to require prior approval of all label statements.
 
Allows the Secretary to restrict the sale or distribution of tobacco products, including advertising and promotion, if the Secretary determines that such regulation would be appropriate for the protection of the public health. Prohibits such regulations from: (1) limiting product sales or distribution to authorization of a practitioner licensed to prescribe medical products; (2) prohibiting product sales in face-to-face transactions by a specific category of retail outlets; or (3) establishing a minimum age greater than 18 years of age for product purchases. 
 
Prohibits cigarettes from containing any artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, cinnamon, or coffee.
 
Requires the Secretary to establish tobacco product standards to protect the public health, but reserves to Congress the power to ban any tobacco products or reduce the nicotine level to zero.
 
Allows the Secretary to take specified actions, including public notification and recall, against unreasonably harmful products.
 
Requires premarket approval of all new tobacco products.
 
Sets forth standards for the sale of modified risk tobacco products.
 
Sets forth provisions regarding: (1) judicial review; (2) coordination with the Federal Trade Commission (FTC); (3) congressional review of regulations; and (4) state and local authority.
 
Requires the Secretary to establish a Tobacco Products Scientific Advisory Committee.
 
Amends the Federal Cigarette Labeling and Advertising Act to change cigarette warning label and advertising requirements.
 
Amends the Comprehensive Smokeless Tobacco Health Education Act of 1986 to change smokeless tobacco warning label and advertising requirements.


Legislative actions:
action_date: 2004-05-20
text: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S5963-5979)
action_date: 2004-05-20
text: Sponsor introductory remarks on measure. (CR S5961-5963)
action_date: 2004-05-20
text: Introduced in Senate