Volume 79 · 282
Public Law 89–92
To regulate the labeling of cigarettes, and for other purposes.
Approved July 27, 1965
Statutory text
AN ACT
To regulate the labeling of cigarettes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may be cited as the “Federal Cigarette Labeling and Advertising Act”.
Sec. 2. declaration of policy
It is the policy of the Congress, and the purpose of this Act, to establish a comprehensive Federal program to deal with cigarette labeling and advertising with respect to any relationship between smoking and health, whereby—
the public may be adequately informed that cigarette smoking may be hazardous to health by inclusion of a warning to that effect on each package of cigarettes; and
commerce and the national economy may be (A) protected to the maximum extent consistent with this declared policy and (B) not impeded by diverse, nonuniform, and confusing cigarette labeling and advertising regulations with respect to any relationship between smoking and health.
Sec. 3. definitions
As used in this Act—
The term “cigarette” means—
any roll of tobacco wrapped in paper or in any substance not Containing tobacco, and
any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph (A).
The term “commerce” means (A) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island and any place outside thereof; (B) commerce between points in any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island, but through any place outside thereof; or (C) commerce wholly within the District of Columbia, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island.
The term “United States”, when used in a geographical sense, includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island. Midway Islands, Kingman Reef, and Johnston Island.
The term “package” means a pack, box, carton, or container of any kind in which cigarettes are offered for sale, sold, or otherwise distributed to consumers.
The term “person” means an individual, partnership, corporation, or any other business or legal entity.
The term “Bale or distribution” includes sampling or any other distribution not for sale.
Sec. 4. labeling
It shall be unlawful for any person to manufacture, import., or package for sale or distribution within the United States any cigarettes the package of which fails to bear the following statement: •“Caution: Cigarette Smoking May Be Hazardous to Your Health.” Such statement shall be located in a conspicuous place on every cigarette package and shall appear in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the package.
Sec. 5. preemption
No statement relating to smoking and health, other than the statement required by section 4 of this Act. shall be required on any cigarette package.
No statement relating to smoking and health shall be required in the advertising of any cigarettes the packages of which are labeled in conformity with the provisions of this Act.
Except as is otherwise provided in subsections (a) and (b), nothing in this Act shall be construed to limit, restrict, expand, or otherwise affect, the authority of the Federal Trade Commission with respect to unfair or deceptive acts or practices in the advertising of cigarettes, nor to affirm or deny the Federal Trade Commission’s holding that it has the authority to issue trade regulation rules or to require an affirmative statement in any cigarette advertisement.
The Secretary of Health, Education, and Welfare shall
Report to Congress.
transmit a report to the Congress not later than eighteen months after the effective date of this Act, and annually thereafter, concerning (A) current information on the health consequences of smoking and (B) such recommendations for legislation as he may deem appropriate.
The Federal Trade Commission shall transmit a report to the
Report to Congress.
Congress not later than eighteen months after the effective date of this Act, and annually thereafter, concerning (A) the effectiveness of cigarette labeling, (B) current practices and methods of cigarette advertising and promotion, and (C) such recommendations for legislation as it may deem appropriate.
Sec. 6. criminal penalty
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than $10,000.
Sec. 7. injunction proceedings
The several district courts of the United Slates are invested with jurisdiction, for cause shown, to prevent and restrain violations of this Act upon the application of the Attorney General of the United States acting through the several United States attorneys in their several districts.
Sec. 8. cigarettes for export
Packages of cigarettes manufactured, imported, or packaged (1) for export from the United States or (2) for delivery to a vessel or aircraft, as supplies, for consumption beyond the jurisdic-tion of the internal revenue laws of the United Stares shall be exempt from the requirements of this Act, but such exemptions shall not apply to cigarettes maim fact tired, imported, or packaged for sale or distribution to members or units of the Armed Forces of the United States located outside of the United States.
Sec. 9. separability
If any provision of this Act or the application thereof to any person or circumstances is held invalid, the other provisions of this Act and the application of such provision to other persons or circumstances shall not be affected thereby.
Sec. 10. termination of provisions affecting regulation of advertising
The provisions of this Act which affect the regulation of advertising shall terminate on July 1, 1969, but such termination shall not be construed as limiting, expanding, or otherwise affecting the jurisdiction or authority which the Federal Trade Commission or any other Federal agency had prior to the date of enactment of this Act.
Sec. 11. effective date
This Act shall take effect on January 1, 1966.
Approved July 27, 1965.