S. 2461 (108th): Family Smoking Prevention and Tobacco Control Act

May 20, 2004 (108th Congress, 2003–2004)
Died (Referred to Committee)
See Instead:

S. 2974 (same title)
Passed Senate — Oct 10, 2004

Michael “Mike” DeWine
Senator from Ohio
Read Text »
Last Updated
May 20, 2004
155 pages
Related Bills
S. 666 (109th) was a re-introduction of this bill in a later Congress.

Referred to Committee
Last Action: Mar 17, 2005

S. 2974 (identical)

Passed Senate
Last Action: Oct 10, 2004


This bill was introduced on May 20, 2004, in a previous session of Congress, but was not enacted.

Introduced May 20, 2004
Referred to Committee May 20, 2004
Full Title

A bill to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products.


No summaries available.

16 cosponsors (8D, 8R) (show)

Senate Health, Education, Labor, and Pensions

The committee chair determines whether a bill will move past the committee stage.

Primary Source

THOMAS.gov (The Library of Congress)

GovTrack gets most information from THOMAS, which is updated generally one day after events occur. Activity since the last update may not be reflected here. Data comes via the congress project.


Get a bill status widget for your website »


Click a format for a citation suggestion:


S. stands for Senate bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

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

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.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

No summary available.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

Use the comment space below for discussion of the merits of S. 2461 (108th) with other GovTrack users.
Your comments are not read by Congressional staff.

comments powered by Disqus