Comprehensive Smoking Education Act
PL 98-474 (H.R.3979), enacted 10/12/1984

98 STAT. 2200 
PUBLIC LAW 98-474—OCT. 12, 1984 
Public Law 98-474 
98th Congress 
An Act 
To establish a national program to increase the availability of information on the 
Oct. 12, 1984 
health consequences of smoking, to amend the Federal Cigarette Labeling and 
[H.R. 3979] 
Advertising Act to change the label requirements for cigarettes, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
Comprehensive 
United States of America in Congress assembled. 
Smoking Edu-
cation Act. 
SHORT TITLE 
15 use 1331 
SECTION 1. This Act may be cited as the "Comprehensive Smoking 
note. 
Education Act". 
PURPOSE 
15 use 1331 
SEC. 2. It is the purpose of this Act to provide a new strategy tor 
note. 
making Americans more aware of any adverse health effects of 
smoking, to assure the timely and widespread dissemination of 
research findings and to enable individuals to make informed deci-
sions about smoking. 
SMOKING RESEARCH, EDUCATION, AND INFORMATION 
15 use 1341. 
SEC. 3. (a) The Secretary of Health and Human Services (herein-
after in this section referred to as the "Secretary") shall establish 
and carry out a program to inform the public of any dangers to 
human health presented by cigarette smoking. In canning out such 
program, the Secretary shall— 
(1) conduct and support research on the effect of cigarette 
smoking on human health and develop materials for informing 
the public of such effect; 
(2) coordinate all research and educational programs and 
other activities within the Department of Health and Human 
Services (hereinafter in this section referred to as the "Depart-
ment") which relate to the effect of cigarette smoking on human 
health and coordinate, through the Interagency Committee on 
Smoking and Health (established under subsection (b)), such 
activities with similar activities of other Federal agencies and of 
private agencies; 
(3) establish and maintain a liaison with appropriate private 
entities, other Federal agencies, and State and local public 
agencies respecting activities relating to the effect of cigarette 
smoking on human health; 
(4) collect, analyze, and disseminate (through publications, 
bibliographies, and otherwise) information, studies, and other 
data relating to the effect of cigarette smoking on human 
health, and develop standards, criteria, and methodologies for 
improved information programs related to smoking and health; 
(5) compile and make available information on State and local 
laws relating to the use and consumption of cigarettes; and 
PUBLIC LAW 98-474—OCT. 12, 1984 
98 STAT. 2201 
(6) undertake any other additional information and research 
activities which the Secretary determines necessary and appro-
priate to carry out this section. 
(b)(1) To carry out the activities described in paragraphs (2) and (3) 
Establishment. 
of subsection (a) there is estabhshed an Interagency Committee on 
Smoking and Health. The Committee shall be composed of— 
(A) members appointed by the Secretary from appropriate 
institutes and agencies of the Department, which may include 
the National Cancer Institute, the National Heart, Lung, and 
Blood Institute, the National Institute of Child Health and 
Human Development, the National Institute on Drug Abuse, 
the Health Resources and Services Administration, and the 
Centers for Disease Control; 
(B) at least one member appointed from the Federal Trade 
Commission, the Department of Education, the Department of 
Labor, and any other Federal agency designated by the Secre-
tary, the appointment of whom shall be made by the head of the 
entity from which the member is appointed; and 
(C) five members appointed by the Secretary from physicians 
and scientists who represent private entities involved in inform-
ing the public about the health effects of smoking. 
The Secretary shall designate the chairman of the Committee. 
(2) While away from their homes or regular places of business in 
the performance of services for the Committee, members of the 
Committee shall be allowed travel expenses, including per diem in 
lieu of subsistance, in the manner provided by sections 5702 and 
5703 of title 5 of the United States Code. 
(3) The Secretary shall make available to the Committee such 
staff, information, and other assistance as it may require to carry 
out its activities effectively. 
(c) The Secretary shall transmit a report to Congress not later 
Report, 
than January 1, 1985, and biennially thereafter which shall 
contain— 
(1) an overview and assessment of Federal activities under-
taken to inform the public of the health consequences of smok-
ing and the extent of public knowledge of such consequences, 
(2) a description of the Secretary's and Committee's activities 
under subsection (a), 
(3) information regarding the activities of the private sector 
taken in response to the effects of smoking on health, and 
(4) such recommendations as the Secretary may consider 
appropriate. 
LABELS FOR CIGARETTES AND CIGARETTE ADVERTISING 
SEC. 4. (a) Section 4 of the Federal Cigarette Labeling and Adver-
tising Act (15 U.S.C. 1333) is amended to read as follows: 
LABELING 
"SEC. 4. (a)(1) It shall be unlawful for any person to manufacture, 
package, or import for sale or distribution within the United States 
any cigarettes the package of which fails to bear, in accordance with 
the requirements of this section, one of the following labels: 
"SURGEON GENERAL'S WARNING: Smoking Causes Lung 
Cancer, Heart Disease, Emphysema, And May Complicate 
Pregnancy. 
98 STAT. 2202 
PUBLIC LAW 98-474—OCT. 12, 1984 
"SURGEON GENERAL'S WARNING: Quitting Smoking Now 
Greatly Reduces Serious Risks to Your Health. 
"SURGEON GENERAL'S WARNING: Smoking By Pregnant 
Women May Result in Fetal Injury, Premature Birth, And Low 
Birth Weight. 
"SURGEON GENERAL'S WARNING: Cigarette Smoke Con-
tains Carbon Monoxide. 
"(2) It shall be unlawful for any manufacturer or importer of 
cigarettes to advertise or cause to be advertised (other than through 
the use of outdoor billboards) within the United States any cigarette 
unless the advertising bears, in accordance with the requirements of 
this section, one of the following labels: 
"SURGEON GENERAL'S WARNING: Smoking Causes Lung 
Cancer, Heart Disease, Emphysema, And May Complicate 
Pregnancy. 
"SURGEON GENERAL'S WARNING: Quitting Smoking Now 
Greatly Reduces Serious Risks to Your Health. 
"SURGEON GENERAL'S WARNING: Smoking By Pregnant 
Women May Result in Fetal Injury, Premature Birth, And Low 
Birth Weight. 
"SURGEON GENERAL'S WARNING: Cigarette Smoke Con-
tains Carbon Monoxide. 
"(3) It shall be unlawful for any manufacturer or importer of 
cigarettes to advertise or cause to be advertised within the United 
States through the use of outdoor billboards any cigarette unless the 
advertising bears, in accordance with the requirements of this sec-
tion, one of the following labels: 
"SURGEON GENERAL'S WARNING: Smoking Causes Lung 
Cancer, Heart Disease, And Emphysema. 
"SURGEON GENERAL'S WARNING: Quitting Smoking Now 
Greatly Reduces Serious Health Risks. 
"SURGEON GENERAL'S WARNING: Pregnant Women Who 
Smoke Risk Fetal Injury And Premature Birth. 
"SURGEON GENERAL'S WARNING: Cigarette Smoke Con-
tains Carbon Monoxide. 
"(b)(1) Each label statement required by paragraph (1) of subsec-
tion (a) shall be located in the place label statements were placed on 
cigarette packages as of the date of the enactment of this subsection. 
The phrase 'Surgeon General's Warning' shall appear in capital 
letters and the size of all other letters in the label shall be the same 
as the size of such letters as of such date of enactment. All the 
letters in the label shall appear in conspicuous and legible type in 
contrast by typography, layout, or color with all other printed 
material on the package. 
"(2) The format of each label statement required by paragraph (2) 
of subsection (a) shall be the format required for label statements in 
cigarette advertising as of the date of the enactment of this subsec-
tion, except that the phrase 'Surgeon General's Warning' shall 
appear in capital letters, the area of the rectangle enclosing the 
label shall be 50 per centum larger in size with a corresponding 
increase in the size of the type in the label, the width of the rule 
forming the border around the label shall be twice that in effect on 
such date, and the label may be placed at a distance from the outer 
edge of the advertisement which is one-half the distance permitted 
on such date. Each label statement shall appear in conspicuous and 
legible type in contrast by typography, layout, or color with all other 
printed material in the advertisement. 
PUBLIC LAW 98-474—OCT. 12, 1984 
98 STAT. 2203 
"(3) The format and type style of each label statement required by 
paragraph (3) of subsection (a) shall be the format and type style 
required in outdoor billboard advertising as of the date of the 
enactment of this subsection. Each such label statement shall be 
printed in capital letters of the height of the tallest letter in a label 
statement on outdoor advertising of the same dimension on such 
date of enactment. Each such label statement shall be enclosed by a 
black border which is located within the perimeter of the format 
required in outdoor billboard advertising of the same dimension on 
such date of enactment and the width of which is twice the width of 
the vertical element of any letter in the label statement within the 
border. 
"(c) The label statements specified in paragraphs (1), (2), and (3) of 
subsection (a) shall be rotated by each manufacturer or importer of 
cigarettes quarterly in alternating sequence on packages of each 
brand of cigarettes manufactured by the manufacturer or importer 
and in the advertisements for each such brand of cigarettes in 
accordance with a plan submitted by the manufacturer or importer 
and approved by the Federal Trade Commission. The Federal Trade 
Commission shall approve a plan submitted by a manufacturer or 
importer of cigarettes which will provide the rotation required by 
this subsection and which assures that all of the labels required by 
paragraphs (1), (2), and (3) will be displayed by the manufacturer or 
importer at the same time. 
"(d) Subsection (a) does not apply to a distributor or a retailer of 
cigarettes who does not manufacture, package, or import cigarettes 
for sale or distribution within the United States.". 
(b) The amendment made by subsection (a) shall take effect upon 
the expiration of a one-year period beginning on the date of the 
enactment of this Act. 
Effective date. 
15 use 1333 
note. 
CIGARETTE INGREDIENTS 
SEC. 5. (a) The Federal Cigarette Labeling and Advertising Act is 
amended by redesignating sections 7 through 12 as sections 8 
through 13, respectively, and by inserting after section 6 the follow-
ing new section: 
"CIGARETTE INGREDIENTS 
"SEC. 7. (a) Each person who manufactures, packages, or imports 
cigarettes shall annually provide the Secretary with a list of the 
ingredients added to tobacco in the manufacture of cigarettes which 
does not identify the company which uses the ingredients or the 
brand of cigarettes which contain the ingredients. A person or group 
of persons required to provide a list by this subsection may desig-
nate an individual or entity to provide the list required by this 
subsection. 
"(bXD At such times as the Secretary considers appropriate, the 
Secretary shall transmit to the Congress a report, based on the 
information provided under subsection (a), respecting— 
"(A) a summary of research activities and proposed research 
activities on the health effects of ingredients added to tobacco in 
the manufacture of cigarettes and the findings of such research; 
"(B) information pertaining to any such ingredient which in 
the judgement of the Secretary poses a health risk to cigarette 
smokers; and 
15 u s e 1336-
1340, 1331 note. 
15 use 1335a. 
Report. 
98 STAT. 2204 
PUBLIC LAW 98-474—OCT. 12, 1984 
Confidentiality. 
Effective date. 
15 u s e 1335a 
note. 
"(C) any other information which the Secretary determines to 
be in the public interest. 
"(2XA) Any information provided to the Secretary under subsec-
tion (a) shall be treated as trade secret or confidential information 
subject to section 552(bX4) of title 5, United States Code and section 
1905 of title 18, United States Code and shall not be revealed, except 
as provided in paragraph (1), to any person other than those author-
ized by the Secretary in carrying out their official duties under this 
section. 
"(B) Subparagraph (A) does not authorize the withholding of a list 
provided under subsection (a) from any duly authorized subcommit-
tee or conmiittee of the Congress. If a subcommittee or committee of 
the Congress requests the Secretary to provide it such a list, the 
Secretary shall make the list available to the subcommittee or 
committee and shall, at the same time, notify in writing the person 
who provided the list of such request. 
"(C) The Secretary shall establish written procedures to assure the 
confidentiality of information provided under subsection (a). Such 
procedures shall include the designation of a duly authorized agent 
to serve as custodian of such information. The agent— 
"(i) shall take physical possession of the information and, 
when not in use by a person authorized to have access to such 
information, shall store it in a locked cabinet or file, and 
"(ii) shall maintain a complete record of any person who 
inspects or uses the information. 
Such procedures shall require that any person permitted access to 
the information shall be instructed in writing not to disclose the 
information to anyone who is not entitled to have access to the 
mformation.". 
(b) Section 7 of the Federal Cigarette Labeling and Advertising 
Act added by subsection (a) shall take effect upon the expiration of 
the one-year period beginning on the date of the enactment of 
this Act. 
MISCELLANEOUS AMENDMENTS 
SEC. 6. (a) Paragraph (1) of section 2 of the Federal Cigarette 
Labeling and Advertising Act (15 U.S.C. 1331) is amended to read as 
follows: 
"(1) the public may be adequately informed about any adverse 
health effects of cigarette smoking by inclusion of warning 
notices on each package of cigarettes and in each advertisement 
(b) Section 3 of such Act (15 U.S.C. 1332) is amended by adding at 
the end the following: 
"(8) The term 'Secretary' means the Secretary of Health and 
Human Services.". 
(c) Section 8 of such Act (15 U.S.C. 1336) (as so redesignated) is 
amended to read as follows: 
FEDERAL TRADE COMMISSION 
"SEC. 8. Nothing in this Act (other than the requirements of 
Ante, p. 2201. 
section 4(b)) shall be construed to limit, restrict, expand, or other-
wise affect the authority of the Federal Trade (Commission with 
respect to unfair or deceptive acts or practices in the advertising of 
cigarettes.". 
PUBLIC LAW 98-474—OCT. 12, 1984 
98 STAT. 2205 
(d) Section 9 of such Act (15 U.S.C. 1337) (as so redesignated) is 
amended— 
(1) by striking out "of Health, Education, and Welfare" in 
subsection (a), 
(2) by redesignating clauses (A) and (B) in such subsection as 
clauses (1) and (2), respectively, 
(3) by striking out clause (A) in subsection (b) and by redesig-
nating clauses (B) and (C) as clauses (1) and (2), respectively. 
Approved October 12, 1984. 
LEGISLATIVE HISTORY—H.R. 3979: 
HOUSE REPORT No. 98-805 (Comm. on Energy and Commerce). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Sept. 10, considered and passed House. 
Sept. 26, considered and passed Senate, amended; House concurred in Senate 
amendments.