H.R. 4658 (103rd): Truth in Tobacco Labeling Act

103rd Congress, 1993–1994. Text as of Jun 27, 1994 (Introduced).

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HR 4658 IH

103d CONGRESS

2d Session

H. R. 4658

To require the labeling, advertising, and promotion of tobacco products to disclose the additives to and constituents of the products and tobacco smoke, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

June 27, 1994

Ms. SHEPHERD (for herself, Mr. WAXMAN, Mr. DURBIN, Mr. SYNAR, Mr. MEEHAN, Mr. BARRETT of Wisconsin, and Mr. HILLIARD) introduced the following bill; which was referred to the Committee on Energy and Commerce


A BILL

To require the labeling, advertising, and promotion of tobacco products to disclose the additives to and constituents of the products and tobacco smoke, and for other purposes.

    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 ‘Truth in Tobacco Labeling Act’.

SEC. 2. FINDINGS.

    The Congress finds the following:

      (1) The tobacco industry adds chemical additives to their products that are not required to be disclosed to the public and are not tested for health and safety in a manner comparable to food ingredients.

      (2) There is no listing of chemical constituents found in mainstream and sidestream smoke (including benzene, arsenic, cyanide, etc.).

      (3) The labeling of tobacco products does not provide smokers and nonsmokers with full and complete information about tobacco products or any indication of the safety of those products or their ingredients.

      (4) In spite of well established dangers of cigarette smoking and tobacco use, no Federal regulatory agency has the comprehensive authority to regulate the labeling and advertising of such products.

      (5) There is no research publicly available on the impact of chemical additives inhaled by smokers on cancer rates, particularly breast cancer. If research into tobacco products and the safety of their chemical additives indicates a link between smoking and breast or other cancer, consumers have a right to be informed of such information.

SEC. 3. REGULATION OF LABELING, ADVERTISING, AND PROMOTION OF TOBACCO PRODUCTS.

    Chapter XI of the Federal Food, Drug, and Cosmetic Act is amended by redesignating the section 903 relating to scientific review groups as section 904 and by adding after that section the following:

‘SEC. 905. REGULATION OF LABELING, ADVERTISING, AND PROMOTION OF TOBACCO PRODUCTS.

    ‘(a) REGULATIONS- The Secretary shall promulgate regulations governing the labeling, advertising, and promotion of tobacco products. Such regulations shall require manufacturers of tobacco products to provide to consumers by way of the labeling, advertising, and promotion of tobacco products--

      ‘(1) identification of the chemical additives and constituents found in tobacco products and tobacco smoke on or in each package available to consumers,

      ‘(2) information about the adverse effects of tobacco products, including the potential link to breast or other cancer,

      ‘(3) adequate warnings and directions for use,

      ‘(4) contraindications,

      ‘(5) adequate warnings against use in pathological conditions, and

      ‘(6) any other information deemed necessary by the Secretary.

    The warnings required by paragraph (3) shall include the following warning: ‘Unlike food and other consumer products, the additives in cigarettes have not been tested for their impact on human health as an inhaled product’.

    ‘(b) DEFINITIONS- As used in subsection (a)--

      ‘(1) the term ‘tobacco product’ means cigarettes, cigars, little cigars, pipe tobacco, smokeless tobacco, snuff, and chewing tobacco, and

      ‘(2) the term ‘constituent’ means any element of cigarette mainstream or sidestream smoke which is present in quantities which represent a potential health hazard or where the health effect is unknown.

    ‘(c) EFFECTIVE DATE- The Secretary shall promulgate regulations under subsection (a) not later than the expiration of 18 months after the date of the enactment of this section.’.

SEC. 4. PUBLICATION OF INDUSTRY SUBMISSIONS.

    Section 7(b) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1335a(b)) is amended--

      (1) by striking paragraph (2), and

      (2) by striking ‘(1)’ and redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively.