Authorizing Legislation - CSEA

PUBLIC LAW 98-474-OCf. 12,

COMPREHENSIVE SMOKING
EDUCATION ACT .

31-179 0 - M (SOS)

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98 STAT. 2200

PUBLIC LAW 98-474-OCT. 12, 1984

Public Law 98-474
98th Congress
An Act
Oct 12.1984
IIi$. 3979]

Comptehensive

To eetablish a national program to increase the availability of information on the
health consequencea of smoking, to amend the Federal Cigarette Labeling and
Advertising Act to change the label requirements for cigarettes, and for other
purpasee.

Be it enacted by the Senate and House of Representattoes of the
United States of America in Congress assembled,

Smoking Fducation Act.

is usc 1331
note.
15 usc 1331

uote•

SHORT TITLE

SECazox 1. This Act may be cited as the "Comprehensive Smoking
'Edtication Act":
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Sec. 2. It is the'ptiipose of this Act to pivvide a aew strategy;mq

making Americans more aware of any. adverse heaith. effects^of
smoking, to assure the timely and widespread dissemination of
research findings and to enable individuals to make informed decisions about smoking.
SMOKING RFSEARCH, EDUCATION, AND INFORMATION

is USG 13ai.

SEC. 3. (a) 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 sha1l(1) conduct and support research on the effect of cigarette
smoking on human health and develop materials for informing
the public of such effect;
(2) coordinate all research and educational programs and
other activities within the Department of Health and Human
Services (hereinafter in this section referred to as the "Department") which relate to the effect of cigarette smoking on human
health and coordinate, through the Interagency Committee on
Smoking and Health (established under subsection (b)), such
activities with similar activities of other Federal agencies and of
private agencies;
(3) establish and maintain a liaison with appropriate private
entities, other Federal agencies, and State and local public
lencies respecting activities relating to the effect of cigarette
oking on human health;
(4) collect, analyze, and disseminate (through publications,
bibliographies, and otherwise) information, studies, and other
data relating to the effect of cigarette smoking on human
health, and develop standards, criteria, and methodologies for
improved information programs related to smoking and health;

(5) compile and make available information on State and local
laws relating to the use and consuz"ption of cigarettes; and

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PUBLIC LAW 98-474-OCT. 12, 1984

98 STAT. 2201

(6) undertake any other additional information and research

activities which the Secretary determines necessary and appropriate to carry out this section.
(bXl) To carry out the activities described in paragraphs (2) and (3)
of subsection (a) there is established an Interagency Committee on

Eetablishment.

Smoking and Health. The Committee shall be composed of-

(A) members appointed by the Secretary from appropriate
institutes and agencies of the Department, which may include
the National Cancer Institute, the National Heart, Lung, and
Blood Institute, the National Institute of Child. Health and
Human Development, the National Institute on^"Drug Abuse,
the Health Resources and Services Administration, and the
Centers for Disease Control;
(B) at least one member appointed from the Federal Trade
Commission, the Department of Education, the Department of
Labor, and any other Federal agency designated by the Secretary, the appointment of whom shall be made by the head of the
entity from which the member is appointed; and

(C) five members appointed by the Secretary from physicians
and scientists who represent private entities involved in informing the public about the health effects of smoking.
The Secretary shall designate the chairman of the Committee.
(2) While away from their homes or regular places of business in
the performance of services for the Committee, members of the
Committee shall be allowed travel expenses, including per dfem in
lieu of subsistance, in the manner provided by sections 5702 and
5703 of title 5 of the United States Code.
(3) The Secretary shall make available to the Committee such
staff, information, and other assistance as it may require to carry
out its activities effectively.

(c) The Secretary shall transmit a report to Congress not later

aepurt

than January 1, 1985, and biennially thereafter which shall
contain(1) an overview and assessment of Federal activities undertaken to inform the public of the health consequences of smoking and the extent of public knowledge of such consequences,

(2) a description of the Secretary's and Committee's activities
under subsection (a),
(3) information regarding the activities of the private sector
taken in response to the effects of smoking on health, and
(4) such recommendations as the Secretary may consider
appropriate.
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LAHELS FOR CIGARETfES AND CIGARETTE ADVERTISING
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-^Sac. 4. (a) Section 4 of the Federal Cigarette Labeling and Addertising Act (15 U S.C.1333) is amendedW.__
to read.:....._.
as follows:
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_^-^_..._., .
uLABELING

"Sec. 4. (aXl) 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 Catlser_Lun
Cancer; ;HeartvDisease,Emphy-sema,":"And' Malioa
Pregnancy.,^^w

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98 STAT. 2202

PUBLIC LAW 98-474-OCT. 12,1984

•"SURGEON GENERAL'S WARNINGf Quitting Smoking N"w
Greatly Reduces Serious Risks to Your Health. W.. ...•^
"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 :Con=
tains Carbon Monoxide. - •^ -"` "
"(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.
"(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.
'YbHI) Each label statement required by paragraph (1) of subsec- .
tion (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 prmted
material on the package.
"(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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PUBLIC LAW 98-474-OCT. 12, 1984

98 STAT. 2203

"(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.
"(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.
"(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.".
(b) The amendment made by subsection (a) shall take effect upon
the expiration of a one-year period beginning on the date of the
enactment of this Act.

EfTective date.
15 USC 1333
note.

CIGAREITE INGREDIE,`ITS

SEc. 5. (a) The Federal Cigarette Labeling and Advertising Act is 15 USC 1338amended by redesignating sections 7 through 12 as sections 8 1340, 1331 note.
through 13, respectively, and by inserting after section 6 the following new section:
s,CIGARETfR INGREDIENTB

"SEC. 7. (a) Each person who manufactures, packes, or imports3 15 USC 13358,
cigarettes shall annually providethe Secretary.wl ,alist of the'
ingredients added to tobacco in the manufacture of cigarettes'whicli,?
does not identifythe: oompany"which'uses the ingredients-or_ths'`
brand of cigarettes which contain the ingredients. AI 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.
"(bXll At such-times as the Secretary considers appropriate, the
Secretary shall transmit to the Congress a report, based on the
information provided under subsection (a), respecting"(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;

"(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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Report.

98 STAT. 2204

PUBLIC LAW 98-474-OCT. 12, 1984
"(C) any other information which the Secretary determines to
be in the public interest.

Confidentiality.

"(2XA) Any information provided to the Secretary under subsection (a) shall be treated as trade secret or confidential information

subject to section 552(bX4) 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.
"(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.
"(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) 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
"(ii) shall maintain a complete record of any person who
inspects or uses the information.
Such procedures shall require that any peison 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.".

Effecave date.

(b) Section 7 of the Federal Cigarette Labeling and Advertising

15 USC 1335a

Act added by subsection (a) shall take effect upon the expiration of

n0ta

the one-year period beginning on the date of the enactment of
this Act.
ML9CELLANBOU3 AMEYDME.^r[9

SEC. 6. (a) 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) 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".

(b) Section 3 of such Act (15 U.S.C. 1332) is amended by adding at
the end the following:
"(8) The term 'Secretary' means the Secretary of Health and
Human Services.".
(c) Section 8 of such Act (15 U.S.C. 1336) (as so redesignated) is
amended to read as follows:
1'FEDEHAL TRADE COM]QSSION

Antt p. 2201.

"Szc. 8. Nothing in this Act (other than the requirements of
section 4(b)) 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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PUBLIC LAW 98-474-OCT. 12,1984

98 STAT. 2205

(d) Section 9 of such Act (15 U.S.C. 1337) (as so redesignated) is
amended(1) by striking out "of Health, Education, and Welfare" in
subsection (a),
(2) by redesignating clauses (A) and (B) in such subsection as
clauses (1) and (2),respectively,
(3) by striking out clause (A) in subsection (b) and by redesignating clauses (B) and (C) as clauses (1) and (2), respectively.
Approved October 12, 1984.

LEGISLATIVE HISTORY-H.R. 3979:
HOUSE REPORT No. 98-805 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vo1.130 (1980
Sept 10, considered and paeted House.
Sept 28, considered and passed Senate, amended; House concurred in Senate
•
emendmente.

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