Chairman Davis and Rep. Waxman introduce H.R. 1376, legislation that would give FDA strong authority to regulate tobacco products. This legislation would:
- Immediately implement the 1996 FDA rule to reduce youth smoking. This rule
would provide national penalties for selling tobacco products to youth, eliminate
brand-name tobacco advertising at sporting and cultural events, bar outdoor
signs for tobacco products within 1,000 feet of elementary and secondary schools,
limit point-of-sale advertising, and require many tobacco ads to be limited
to black-and-white text.
- Immediately prohibit the use of misleading terms such as "light,"
"low," and "mild." For decades, millions of consumers
have been fooled into believing that "light" cigarettes are safer
than regular cigarettes. The bill ensures that products will not be sold using
any such terms without passing a thorough review of evidence by FDA. The legislation
would also prohibit marketing of the next generation of purported "safer
cigarettes" without a thorough review of evidence by FDA and without
adequate postmarket surveillance.
- Immediately prohibit the sale of cigarettes characterized by strawberry,
cinnamon, grape, chocolate, cocoa, coffee, vanilla, mint and other flavors.
FDA will now be able to stop companies from selling cigarettes and bidis that
are flavored to lure youth and other new smokers.
- Immediately increase the size of warning labels. The warning labels would
comprise at least 30% of a cigarette pack, the new international standard
set by the Framework Convention on Tobacco Control. This could be increased
by FDA to 50%.
- Provide FDA authority to further restrict the advertising and promotion
of tobacco products to promote the public health.
- Provide FDA authority to require modifications in the design or ingredients
of all marketed cigarettes, if such modifications would protect the public
health. This authority extends to all measures short of completely eliminating
nicotine. For example, FDA could require companies to remove harmful additives
such as ammonia.
- Provide FDA authority to require recordkeeping and tracking and tracing
systems to combat cigarette smuggling.
- Provide FDA access to data about tobacco product ingredients and constituents
that can be used in designing new product standards and new disclosure requirements.
- Permit states and localities to regulate the time, place, and manner of
tobacco advertising.