Public Law 98–474

The Secretary of Health and Human Services (hereinafter in this section referred to as the “Secretary”) shall establish and carry out a program to inform the public of any dangers to human health presented by cigarette smoking. In carrying out such program, the Secretary shall—

The Secretary shall transmit a report to Congress not later

Report.

than January 1, 1985, and biennially thereafter which shall contain—

Section 4 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333) is amended to read as follows:

“Sec. 4. “labeling

(a)(a)

(1)(1)

It shall be unlawful for any person to manufacture, package, or import for sale or distribution within the United States any cigarettes the package of which fails to bear, in accordance with the requirements of this section, one of the following labels:

“SURGEON GENERAL’S WARNING: Smoking Causes Lung Cancer, Heart Disease, Emphysema, And May Complicate Pregnancy.

“SURGEON GENERAL’S WARNING: Quitting Smoking Now Greatly Reduces Serious Risks to Your Health.

“SURGEON GENERAL’S WARNING: Smoking By Pregnant Women May Result in Fetal Injury, Premature Birth, And Low Birth Weight.

“SURGEON GENERAL’S WARNING: Cigarette Smoke Contains Carbon Monoxide.

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“(2)“(2)

It shall be unlawful for any manufacturer or importer of cigarettes to advertise or cause to be advertised (other than through the use of outdoor billboards) within the United States any cigarette unless the advertising bears, in accordance with the requirements of this section, one of the following labels:

“SURGEON GENERAL’S WARNING: Smoking Causes Lung Cancer, Heart Disease, Emphysema, And May Complicate Pregnancy.

“SURGEON GENERAL’S WARNING: Quitting Smoking Now Greatly Reduces Serious Risks to Your Health.

“SURGEON GENERAL’S WARNING: Smoking By Pregnant Women May Result in Fetal Injury, Premature Birth, And Low Birth Weight.

“SURGEON GENERAL’S WARNING: Cigarette Smoke Contains Carbon Monoxide.

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“(3)“(3)

It shall be unlawful for any manufacturer or importer of cigarettes to advertise or cause to be advertised within the United States through the use of outdoor billboards any cigarette unless the advertising bears, in accordance with the requirements of this section, one of the following labels:

“SURGEON GENERAL’S WARNING: Smoking Causes Lung Cancer, Heart Disease, And Emphysema.

“SURGEON GENERAL’S WARNING: Quitting Smoking Now Greatly Reduces Serious Health Risks.

“SURGEON GENERAL’S WARNING: Pregnant Women Who Smoke Risk Fetal Injury And Premature Birth.

“SURGEON GENERAL’S WARNING: Cigarette Smoke Contains Carbon Monoxide.

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“(b)“(b)

(1)(1)

Each label statement required by paragraph (1) of subsection (a) shall be located in the place label statements were placed on cigarette packages as of the date of the enactment of this subsection. The phrase ’Surgeon General’s Warning’ shall appear in capital letters and the size of all other letters in the label shall be the same as the size of such letters as of such date of enactment. All the letters in the label shall appear in conspicuous and legible type in contrast by typography, layout, or color with all other printed material on the package.

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“(2)“(2)

The format of each label statement required by paragraph (2) of subsection (a) shall be the format required for label statements in cigarette advertising as of the date of the enactment of this subsection, except that the phrase ‘Surgeon General’s Warning’ shall appear in capital letters, the area of the rectangle enclosing the label shall be 50 per centum larger in size with a corresponding increase in the size of the type in the label, the width of the rule forming the border around the label shall be twice that in effect on such date, and the label may be placed at a distance from the outer edge of the advertisement which is one-half the distance permitted on such date. Each label statement shall appear in conspicuous and legible type in contrast by typography, layout, or color with all other printed material in the advertisement.

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“(3)“(3)

The format and type style of each label statement required by paragraph (3) of subsection (a) shall be the format and type style required in outdoor billboard advertising as of the date of the enactment of this subsection. Each such label statement shall be printed in capital letters of the height of the tallest letter in a label statement on outdoor advertising of the same dimension on such date of enactment. Each such label statement shall be enclosed by a black border which is located within the perimeter of the format required in outdoor billboard advertising of the same dimension on such date of enactment and the width of which is twice the width of the vertical element of any letter in the label statement within the border.

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“(c)“(c)

The label statements specified in paragraphs (1), (2), and (3) of subsection (a) shall be rotated by each manufacturer or importer of cigarettes quarterly in alternating sequence on packages of each brand of cigarettes manufactured by the manufacturer or importer and in the advertisements for each such brand of cigarettes in accordance with a plan submitted by the manufacturer or importer and approved by the Federal Trade Commission. The Federal Trade Commission shall approve a plan submitted by a manufacturer or importer of cigarettes which will provide the rotation required by this subsection and which assures that all of the labels required by paragraphs (1), (2), and (3) will be displayed by the manufacturer or importer at the same time.

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“(d)“(d)

Subsection (a) does not apply to a distributor or a retailer of cigarettes who does not manufacture, package, or import cigarettes for sale or distribution within the United States.”.

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The amendment made by subsection (a) shall take effect upon

Effective date.

15 USC 1333 note.

the expiration of a one-year period beginning on the date of the enactment of this Act.

The Federal Cigarette Labeling and Advertising Act is

15 USC 1336–1340, 1331 note.

amended by redesignating sections 7 through 12 as sections 8 through 13, respectively, and by inserting after section 6 the following new section:

“Sec. 7. “cigarcette ingredients

(a)(a)

Each person who manufactures, packages, or imports

15 USC 1335a.

cigarettes shall annually provide the Secretary with a list of the ingredients added to tobacco in the manufacture of cigarettes which does not identify the company which uses the ingredients or the brand of cigarettes which contain the ingredients. A person or group of persons required to provide a list by this subsection may designate an individual or entity to provide the list required by this subsection.

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“(b)“(b)

(1)(1)

At such times as the Secretary considers appropriate, the

Report.

Secretary shall transmit to the Congress a report, based on the information provided under subsection (a), respecting—

“(A)“(A)

a summary of research activities and proposed research activities on the health effects of ingredients added to tobacco in the manufacture of cigarettes and the findings of such research;

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“(B)“(B)

information pertaining to any such ingredient which in the judgement of the Secretary poses a health risk to cigarette smokers; and

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“(C)“(C)

any other information which the Secretary determines to be in the public interest.

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“(2)“(2)

(A)(A)

Any information provided to the Secretary under subsection (a) shall be treated as trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code and section 1905 of title 18, United States Code and shall not be revealed, except as provided in paragraph (1), to any person other than those authorized by the Secretary in carrying out their official duties under this section.

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“(B)“(B)

Subparagraph (A) does not authorize the withholding of a list provided under subsection (a) from any duly authorized subcommittee or committee of the Congress. If a subcommittee or committee of the Congress requests the Secretary to provide it such a list, the Secretary shall make the list available to the subcommittee or committee and shall, at the same time, notify in writing the person who provided the list of such request.

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“(C)“(C)

The Secretary shall establish written procedures to assure the confidentiality of information provided under subsection (a). Such procedures shall include the designation of a duly authorized agent to serve as custodian of such information. The agent—

“(i)“(i)

shall take physical possession of the information and, when not in use by a person authorized to have access to such information, shall store it in a locked cabinet or file, and

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“(ii)“(ii)

shall maintain a complete record of any person who inspects or uses the information.

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Such procedures shall require that any person permitted access to the information shall be instructed in writing not to disclose the information to anyone who is not entitled to have access to the information.”.

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Section 7 of the Federal Cigarette Labeling and Advertising Act added by subsection (a) shall take effect upon the expiration of the one-year period beginning on the date of the enactment of this Act.

Paragraph (1) of section 2 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331) is amended to read as follows:

“(1)“(1)

the public may be adequately informed about any adverse health effects of cigarette smoking by inclusion of warning notices on each package of cigarettes and in each advertisement of cigarettes; and”.

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Section 3 of such Act (15 U.S.C. 1332) is amended by adding at the end the following:

“(8)“(8)

The term ‘Secretary’ means the Secretary of Health and Human Services.”.

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Section 8 of such Act (15 U.S.C. 1336) (as so redesignated) is amended to read as follows:

“Sec. 8. “federal trade commission

Nothing in this Act (other than the requirements of

Ante, p. 2201.

section 4(h)) 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.”.

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Section 9 of such Act (15 U.S.C. 1337) (as so redesignated) is amended—