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H.R. 1494 (101st): Tobacco and Nicotine Health and Safety Act of 1989


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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


3/20/1989--Introduced. Tobacco and Nicotine Health and Safety Act of 1989 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit the sale of harmful tobacco products to minors and the distribution of such products through free samples or discount coupons. Authorizes the Secretary of Health and Human Services to regulate the form, manner, and location of the sale of tobacco products in States with insufficient enforcement to require compliance. Requires labels of such products to comply with the Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act, to state that Federal law prohibits sale to minors, to identify the maker or distributor, to detail contents, including any additives, and to disclose tar, nicotine, carbon monoxide, and other constituents. Allows the Secretary: (1) by regulation, to require manufacturers to provide additional information to consumers through labeling, inserts, or other means; and (2) to modify existing warning labels so long as the modifications do not weaken the message. Prohibits such products from containing specified constituents, including additives and nicotine, in violation or in the absence of identified levels. Requires manufacturers, packagers, or importers to provide the Secretary with a list of additives used in tobacco products. Directs the Secretary to establish public disclosure requirements for such additives. Requires the Secretary to test and establish the tar, nicotine, carbon monoxide, and other harmful constituent levels for each brand of tobacco product before such product may be lawfully sold. Authorizes the Secretary to make such information public. Directs the Secretary to report annually to the appropriate congressional committees on the use of tobacco additives and the levels of harmful constituents in tobacco products. Amends the Federal Cigarette Labeling and Advertising Act to replace warnings of "Cigarette Smoke Contains Carbon Monoxide" with warnings of "Smoking is Addictive. Once you start you may not be able to stop." Deems any product which contains nicotine but does not meet a specified definition of tobacco products to be a drug under specified provisions of the Federal Food, Drug, and Cosmetic Act. Declares that nothing in specified provisions of this Act shall supersede, repeal, or modify any requirement of the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act.