Text: H.R.1493 — 101st Congress (1989-1990)All Information (Except Text)

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B37 4-18-89 [update]
HR 1493 SC
101st CONGRESS
1st Session
 H. R. 1493
To restrict the advertising and promotion of tobacco products.
IN THE HOUSE OF REPRESENTATIVES
March 20, 1989
Mr. SYNAR (for himself, Mr. WHITTAKER, Mr. MARKEY, Mr. BATES, Mr. SHUMWAY,
Mrs. COLLINS, Mr. FAWELL, Mrs. JOHNSON of Connecticut, Mr. CROCKETT,
Mr. FAUNTROY, Mr. STARK, Mr. LIPINSKI, Mr. FLORIO, Mr. WAXMAN, Mr. ATKINS,
Mr. HANSEN, Mr. ANDREWS, Mr. WYDEN, Mr. NIELSON of Utah, and Mr. CONYERS)
introduced the following bill; which was referred to the Committee on Energy
and Commerce
April 18, 1989
Additional sponsors: Mr. LEVINE of California, Mr. SCHEUER, Mr. DURBIN,
Mr. DORGAN of North Dakota, and Mr. OWENS of Utah
Deleted sponsor: Mr. HATCHER (added April 13, 1989; deleted April 18, 1989)
A BILL
To restrict the advertising and promotion of tobacco products.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Children's Health Protection Act of 1989'.
SEC. 2. FINDINGS.
  The Congress finds that--
  (1) tobacco use is the largest preventable cause of illness and premature
  death in the United States, and is associated with the unnecessary deaths
  of 390,000 Americans annually,
  (2) cigarette smoking in the United States is a major cause of cancer of
  the lung, larynx, oral cavity, and esophagus and is a contributory factor
  in cancer of the urinary bladder, kidney, and pancreas,
  (3) cigarette smoking is responsible for 85 percent to 90 percent of the
  approximately 120,000 annual lung cancer deaths plus scores of thousands
  of other cancer related deaths,
  (4) cigarette smoking is the major cause of chronic bronchitis and emphysema
  in the United States,
  (5) cardiovascular disease accounts for nearly one-half of the deaths
  in the United States and it is estimated that one-third of the deaths
  attributed to cardiovascular disease are associated with tobacco use,
  (6) pregnant women who smoke have an elevated risk of miscarriage,
  stillbirths, premature births, and birth weight deficiencies,
  (7) quitting or never starting tobacco use will reduce an individual's
  risk of illness or premature death,
  (8) cigarette smoking and the use of smokeless tobacco are addictive,
  (9) the use of smokeless tobacco is a cause of oral and pharyngeal cancer,
  oral leukoplakia, gum disease, and tooth loss,
  (10) pipe and cigar smoking and use of smokeless tobacco are not safe
  alternatives to cigarette smoking,
  (11) in 1985 the United States health care system spent an estimated
  $22,000,000,000 to treat smoking related diseases, of which the Federal
  Government paid about $4,200,000,000, while lost productivity costs due
  to smoking related illness and premature death were $43,000,000,000,
  (12) last year the tobacco industry spent close to $2,500,000,000, to
  attract new users, retain current users, increase current consumption,
  and generate favorable long-term attitudes toward smoking and tobacco use,
  (13) tobacco product advertising deceptively portrays the use of tobacco
  as socially acceptable and healthful,
  (14) sales promotion of tobacco products undermines the credibility of
  government and private health education campaigns against smoking,
  (15) tobacco is a uniquely harmful product in that it is the only product
  which kills when used as intended,
  (16) the vast majority of new smokers are teenagers or younger, and children
  are beginning to smoke today at a younger age than ever before,
  (17) over 25 percent of all high school seniors who smoke begin to smoke
  by the sixth grade and over 57 percent of high school seniors who smoke
  begin to smoke by the eighth grade,
  (18) tobacco product advertising is regularly seen by persons under the
  age of 18, and persons under the age of 18 are regularly exposed to tobacco
  product promotional efforts,
  (19) tobacco product advertisements with human figures or facsimiles thereof,
  with beautiful pictures and scenes and images have the greatest impact on
  persons under the age of 18,
  (20) through advertisements during and sponsorship of sporting events,
  tobacco has become strongly associated with sports and has become deceptively
  portrayed as an integral part of sports and the healthy lifestyle associated
  with rigorous sporting activity,
  (21) the tobacco industry agrees that tobacco use is an adult activity,
  but has not altered its advertising and promotional practices to avoid or
  limit their impact on children,
  (22) in 1965 Congress approved legislation requiring warning labels for
  cigarette packages,
  (23) in 1970 Congress approved legislation prohibiting cigarette advertising
  on radio and television and strengthened the cigarette package warning label,
  (24) in 1973 Congress approved legislation to include little cigars in
  the radio and television broadcast advertising ban,
  (25) in 1982 Congress approved legislation to double the Federal excise
  tax on cigarettes and cigars,
  (26) in 1984 Congress approved legislation requiring that stronger warning
  statements appear on labels and in advertisements for cigarettes on a
  rotating basis,
  (27) in 1986 Congress approved legislation banning smokeless tobacco
  advertising from radio and television and requiring warning labels
  on smokeless tobacco product packages and in smokeless tobacco print
  advertisements, and
  (28) such actions, while important steps in addressing the problems caused
  by tobacco product advertising and promotion, have not altered the need
  for further control of advertising and promotion of tobacco products.
SEC. 3. LIMITATIONS ON TOBACCO ADVERTISING AND PROMOTION.
  (a) ADVERTISING- It shall be unlawful for any manufacturer, packer,
  distributor, importer, or seller of tobacco products in or affecting
  commerce to advertise or cause to be advertised any tobacco product,
  except in accordance with the following requirements:
  (1) No human figure or facsimile thereof, no brand name logo or symbol,
  and no picture other than the picture of a single package of the tobacco
  product being advertised displayed against a neutral white background,
  shall be used in or as part of any tobacco product advertisement.
  (2) Any product package displayed in a tobacco product advertisement shall
  be no larger than the actual size of the product package and shall contain
  no human figure or facsimile thereof, no brand name logo or symbol, and
  no picture.
  (3) The print in any tobacco product advertisement, including the print
  on any tobacco product package in any tobacco product advertisement,
  shall be black on a white background.
  (4) No tobacco product advertisement shall be located in or on a sports
  stadium or other sports facility or any other facility where sporting
  activity is regularly performed, on cars, boats, or other sporting equipment
  used in or associated with any sporting event, or within 500 feet of any
  school at which students under the age of 18 years of age regularly attend.
  (b) PROMOTION- It shall be unlawful to--
  (1) distribute any tobacco product as a free sample or to make any tobacco
  product available at no cost as the result of coupons or other method
  which allows tobacco products to be obtained for free or for reduced cost,
  (2) sponsor or cause to be sponsored any athletic, music, artistic, or
  other event in the name of a registered brand name, logo, or symbol of
  a tobacco product or in a manner so that a registered brand name, logo,
  or symbol of a tobacco product is publicly identified as a sponsor of or
  in any way associated with such an event, except if the registered brand
  name is also the name of the corporation which manufactures the tobacco
  product and both the registered brand and the corporation were in existence
  prior to January 1, 1986,
  (3) market or cause to be marketed nontobacco products or services which
  bear the name of a registered brand name, logo, symbol of a tobacco product,
  except if the registered brand name is also the name of the corporation
  which manufactures the tobacco product and both the registered brand and
  the corporation were in existence prior to January 1, 1986,
  (4) pay or cause to be paid to have any tobacco product or the registered
  brand name, logo, or symbol of any tobacco product appear in any movie,
  television show, play, or other form of entertainment, except if the
  registered brand name is also the name of the corporation which manufactures
  the tobacco product and both the registered brand and the corporation were
  in existence prior to January 1, 1986,
  (5) pay or cause to be paid to have the registered brand name, logo, or
  symbol of any tobacco product appear on any toy commonly used by persons
  under the age of 18, or on any vehicle, boat, or other equipment used
  in sports, except if the registered brand name is also the name of the
  corporation which manufactures the tobacco product and both the registered
  brand and the corporation were in existence prior to January 1, 1986.
  (c) TOBACCO PRODUCT PACKAGES- It shall be unlawful for any person to
  manufacture, package, distribute, or import for sale or distribution within
  the United States any tobacco product the package of which fails to comply
  with the following requirements:
  (1) No human figure or facsimile thereof, no brand name logo or symbol,
  and no picture shall be used in or as part of any tobacco product package.
  (2) The print on any tobacco product package shall be black on a white
  background.
SEC. 4. ENFORCEMENT.
  (a) INJUNCTION- The district courts of the United States shall have
  jurisdiction over civil actions brought to restrain violations of section
  3. Such a civil action may be brought in the United States district court
  for the judicial district in which 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 defendant
  resides or may be found and subpoenas requiring attendance of witnesses
  in any such action may be served in any judicial district.
  (b) MISBRANDING- Any tobacco product which is advertised, promoted, or
  packaged in violation of section 3 shall be considered a misbranded drug
  under the Federal Food, Drug, and Cosmetic Act.
SEC. 5. DEFINITIONS.
  As used in section 3:
  (1) The term `tobacco product' means--
  (A) cigarettes and little cigars as defined in section 3 of the Federal
  Cigarette Labeling and Advertising Act (15 U.S.C. 1332),
  (B) cigars as defined in section 5702 of the Internal Revenue Code of 1954,
  (C) pipe tobacco and loose rolling tobacco,
  (D) smokeless tobacco as defined in section 9(1) of the Comprehensive
  Smokeless Tobacco Health Education Act of 1986, and
  (E) any other form of tobacco intended for human consumption.
  (2) The term `advertisement' means--
  (A) all newspapers and magazine advertisements and advertising inserts,
  billboards, posters, signs, decals, banners, matchbook advertising,
  point-of-purchase display material (except price information), and all
  other written or other material used for promoting the sale or consumption
  of tobacco products to consumers,
  (B) advertising promotion allowances, and
  (C) any other means used to promote the purchase of tobacco products.
SEC. 6. AUTHORITY OF THE FEDERAL TRADE COMMISSION.
  Nothing in this Act shall be construed to limit or restrict the existing
  authority of the Federal Trade Commission with respect to tobacco products
  or promotion.
SEC. 7. PREEMPTION.
  Nothing in this Act or section 5 of the Federal Cigarette Labeling and
  Advertising Act (15 U.S.C. 1332, et seq.) shall prevent any State or local
  government from regulating--
  (1) the location of any advertising for tobacco products which is displayed
  within the geographic area governed by the applicable State or local
  government, such as advertising on billboards and on transit vehicles, and
  (2) the sale, distribution, or promotion of tobacco products within the
  geographic area governed by the applicable State or local government,
so long as such actions are consistent with and no less restrictive than
requirements of this Act and the Federal Cigarette Labeling and Advertising
Act.
SEC. 8. CONSTRUCTION.
  Nothing in this Act shall supersede, repeal, or modify any requirement of the
  Federal Cigarette Labeling and Advertising Act, as amended (15 U.S.C. 1332,
  et seq.) and the Comprehensive Smokeless Tobacco Education Act of 1986.
SEC. 9. EFFECTIVE DATE.
  This Act shall take effect one year from the date of enactment, except
  as follows:
  (1) Advertising on billboards which violates section 3 shall be prohibited
  effective 2 years after the date of enactment.
  (2) The prohibition of sponsorship of any athletic, music, artistic, or
  other event in the name of a registered brand name, logo, or symbol of
  a tobacco product or in a manner so that a registered brand name, logo,
  or symbol of a tobacco product is publicly identified as a sponsor of or
  in any way associated with such an event shall apply--
  (A) in the case of events subject to contracts which were entered into
  before the date of the enactment of this Act, 3 years after such date or
  after the termination of the contract, whichever occurs first, and
  (B) in the case of events subject to contracts and contract renewals
  entered into on or after the date of the enactment of this Act, on such date.