article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Protection From Tobacco Addiction Act of 1996''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Cigarette smoking and tobacco use account for approximately 450,000 deaths each year in the United States. (2) Cigarette smoking accounts for approximately $65,000,000,000 each year in lost productivity and health care costs. (3) Tobacco products are as addictive as cocaine and heroin. (4) Each day in the United States, approximately 3,000 children try their first cigarette, many of whom will become addicted and will die prematurely. (5) The tobacco industry spends over $6,000,000,000 each year to promote and advertise its products using images of sexual attraction, sophistication, athletic abilities, and good health. (6) The present advertising and promotional themes used by the tobacco industry strongly influence youth tobacco use and it is in the Government's interests to prohibit tobacco advertising and promotion to discourage the use of tobacco by the Nation's youth. (7) In spite of the well established and well known dangers of tobacco products, the tobacco industry has for years denied that their products cause disease or are addictive. (8) Of adult smokers, 82 percent smoked their first cigarette before the age of 18. Of young people who become regular smokers, 70 percent regret their decision to smoke. (9) Voluntary agreements with the tobacco industry, which have been attempted for more than 30 years, have been shown to be ineffective. SEC. 3. LIMITATIONS ON TOBACCO ADVERTISING, PROMOTION, AND PACKAGING. (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. (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, 1996; (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, 1996; (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, video arcade game, 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, 1996; and (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, or on a sports stadium or other sports facility or any other facility where sporting activity is regularly performed, 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, 1996. (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. AUTHORITY OF THE FOOD AND DRUG ADMINISTRATION. Nothing in this Act shall be construed to limit or restrict the existing or future authority of the Food and Drug Administration with respect to tobacco products or promotion. SEC. 8. 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. 9. 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 Health Education Act of 1986. SEC. 10. EFFECTIVE DATE. This Act shall take effect 1 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 enactment of the 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 enactment of this Act, on such date.
summary: Youth Protection From Tobacco Addiction Act of 1996 - Places specified limitations on tobacco advertising, promotion, and packaging.