Cigars Are No Safe Alternative Act (Introduced in the House)
HR 2579 IH
106th CONGRESS
1st Session
H. R. 2579
To impose restrictions on the sale of cigars.
IN THE HOUSE OF REPRESENTATIVES
July 21, 1999
Mr. MARKEY (for himself, Ms. DEGETTE, Mr. CAPUANO, Mr. LUTHER, Mr. INSLEE, Ms. PELOSI, and Mr. MCGOVERN) introduced the following bill; which was referred to the Committee on Commerce
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A BILL
To impose restrictions on the sale of cigars.
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 `Cigars Are No Safe Alternative Act'.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Available scientific evidence demonstrates that regular cigar smoking causes cancer, including cancers of the lip, tongue, mouth, throat, esophagus, larynx, and lung.
(2) That same evidence demonstrates that heavy cigar smokers and those who inhale deeply are at an increased risk of coronary heart disease and can develop chronic lung diseases.
(3) Cigar use in the United States has risen dramatically over the last 5 years. Small cigar consumption has increased by an estimated 13 percent, large cigar consumption has increased by an estimated 70 percent, and premium cigar consumption has increased by an estimated 250 percent.
(4) Demographic evidence strongly suggests that most new cigar users are teenagers and young adult males. Data from the Centers for Disease Control and Prevention 1997 Youth Risk Behavior Survey indicates that among high school students over 30 percent of the males and 10 percent of the females are current cigar smokers.
(5) Smoking cigars is not a safe alternative to smoking cigarettes. Compared to a cigarette, a large cigar emits up to 20 times more ammonia, 5 to 10 times more cadmium (cancer causing metal) and methylethylnitrosamine (cancer causing agent), and up to 80 to 90 times more highly carcinogen-tobacco-specific-nitrosamines. Tar yields are 2 to 3 times greater for a cigar than for a filter cigarette and nicotine yields are 9 to 12 times greater for a cigar than for a filter cigarette.
SEC. 3. PROHIBITION ON DISTRIBUTION TO YOUTH.
(a) SALES AND DISTRIBUTION-
(1) GENERAL RULE- No person may sell or distribute a cigar to any individual who is under the age of 18.
(2) LOCATION OF PRODUCTS- A retailer of cigars shall ensure that all cigars are located in areas where customers do not have direct access to the cigars.
(3) FACE-TO-FACE TRANSACTIONS- A cigar retailer may sell cigars to the ultimate consumer only in a direct, face-to-face exchange and may not make sales through vending machines, mail-order sales, or the Internet.
(b) STATE LAWS- The Secretary of Health and Human Services shall take such action as may be appropriate to assure that States are in compliance with section 1926(a) of the Public Health Service Act with respect to the sale of cigars to minors.
(c) MARKETING AND ADVERTISING-
(1) GENERAL RULE- The Federal Trade Commission shall impose such restrictions on the sale, advertising, distribution, and marketing of cigars directed at youth as may be appropriate to limit the sale of cigars to individuals who are 18 or older.
(2) ELECTRONIC MEDIA- Cigars may not be advertised on electronic media, including television, radio, and any other form of electronic communication subject to the jurisdiction of the Federal Communications Commission.
(d) SPONSORSHIP- The manufacturers of cigars which engage in the practice of paying for, or participating in, the placement of cigars in movies and on television where a substantial segment of the viewing audience is under the age of 18 shall report to the Secretary of Health and Human Services and the Federal Trade Commission each time that occurs.
SEC. 4. HEALTH WARNINGS.
The Federal Trade Commission, in consultation with the Secretary of Health and Human Services, shall require such health warnings on the labels of cigars and on cigar boxes or other packaging as may be appropriate to warn cigar users about the health risks presented by cigars.
SEC. 5. STUDIES AND REPORTS.
(a) SECRETARY'S STUDY-
(1) IN GENERAL- The Secretary of Health and Human Services shall conduct a study--
(A) to determine the health effects of occasional cigar smoking, nicotine dependence demonstrated by cigar smokers, biological uptake of toxic and carcinogenic constituents of cigars, and environmental cigar smoke exposure; and
(B) to determine the yields of tar, nicotine, carbon monoxide, and any other additive designated by the Secretary in cigar smoke.
Manufacturers of cigars shall report to the Secretary on the yields of tar, nicotine, carbon monoxide, and any other additive designated by the Secretary from cigars when smoked.
(2) REPORT- Not later than 3 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall transmit a report to the President and to Congress containing--
(A) findings from the cigar health and constituent yield study required under paragraph (1); and
(B) such recommendations for legislation or administrative actions as the Secretary deems appropriate.
The Secretary shall update such report annually thereafter and make the same transmittal of the updated report.
(b) FTC REPORT- Not later than one year after the date of the enactment of this Act and biennially thereafter, the Federal Trade Commission shall transmit a report to the President and to Congress containing--
(1) a description of the current sales, advertising, and marketing practices associated with cigars; and
(2) such recommendations for legislation or administrative actions as it deems appropriate.
SEC. 6. MONITORING TRENDS IN YOUTH ACCESS TO CIGARS.
The Secretary of Health and Human Services, in consultation with the Federal Trade Commission and the Secretary of the Treasury, shall monitor trends in youth access to, and use of, cigars. If evidence suggests that cigars are inappropriately accessible to children and adolescents as a result of differential tax and regulatory treatment, sales and marketing practices of cigar manufacturers, changes in consumer tastes, or any other reason, the Secretary shall immediately notify Congress and make such recommendations for adjusting tax rates or other legislative or administrative action necessary to ensure that cigars cease to be an attractive alternative to cigarettes for children and adolescents.
SEC. 7. DEFINITION.
As used in this Act the term `cigar' means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco, including small cigars that weigh less than 3 pounds per thousand and large cigars that weigh more than 3 pounds per thousand and cigar rolling papers.
