S. 3872Senate109th Congress (2005-2007)In Committee

Truth in Cigarette Labeling Act of 2006

Introduced September 7, 2006

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S9132-9133)

September 7, 2006

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SenateIntro Referral

Introduced in Senate

September 7, 2006

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S9131-9132)

September 7, 2006

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S9132-9133)

September 7, 2006

Floor Debate

8 members

What members said about S. 3872 on the floor

4 Republicans4 Democrats
Mel Martinez
Sen. Mel MartinezR-FL · Sep 7, 2006

Mr. President, today I rise to discuss a topic that will always have incredible meaning to American families: educating our children. We all want what is best for our children, and we all want to…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Sep 7, 2006

Mr. President, today, I am introducing the TANF Economic and Financial Education Promotion Act of 2006, with my colleagues Senators Lautenberg, Stabenow, and Obama. I appreciate the work of our…

Frank R. Lautenberg
Sen. Frank R. LautenbergD-NJ · Sep 7, 2006

Mr. President, I rise to introduce and discuss my bill, the ``Truth in Cigarette Labeling Act.'' I wish to thank my colleagues, Senators Clinton, Harkin, Menendez, Reed, Durbin, Kennedy and Leahy for…

Frank R. Lautenberg
Sen. Frank R. LautenbergD-NJ · Sep 7, 2006

Mr. President, I rise to introduce and discuss my bill, the ``Truth in Cigarette Labeling Act.'' I wish to thank my colleagues, Senators Clinton, Harkin, Menendez, Reed, Durbin, Kennedy and Leahy for…

Max Baucus
Sen. Max BaucusD-MT · Sep 7, 2006

Mr. President, I wish to talk about one tribute we can make to the brave men and women who have put their lives on the line and returned home wounded. We need to ensure that those who have sacrificed…

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Christopher S. Bond
Sen. Christopher S. BondR-MO · Sep 7, 2006

Mr. President, I rise today to introduce legislation designating the new Federal Courthouse in Cape Girardeau, MO, as the Rush H. Limbaugh, Sr., Federal Courthouse. When people talk about the…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · Sep 7, 2006

Mr. President, I rise today to introduce legislation to help ensure students attending low-performing schools have access to high quality tutoring programs. If enacted, The Improving Quality of and…

James M. Inhofe
Sen. James M. InhofeR-OK · Sep 7, 2006

Mr. President, I ask unanimous consent that the Clean Air Attainment Enforcement Act be printed in the Record.

William H. Frist
Sen. William H. FristR-TN · Sep 7, 2006

I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

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Introduced in SenateIssued September 7, 2006

II

109th CONGRESS

2d Session

S. 3872

IN THE SENATE OF THE UNITED STATES

September 7 (legislative day, September 6), 2006

Mr. Lautenberg (for himself, Mrs. Clinton, Mr. Harkin, Mr. Menendez, Mr. Reed, Mr. Durbin, Mr. Kennedy, and Mr. Leahy) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To prohibit cigarette manufacturers from making claims regarding tar or nicotine yield levels of cigarettes, and for other purposes.

1.

Short title

This Act may be cited as the Truth in Cigarette Labeling Act of 2006.

2.

Prohibition on claims regarding tar or nicotine yield levels of cigarettes

(a)

Findings

Congress finds the following:

(1)

Cigarette manufacturers (through use of words, graphics, and color) have sold, distributed, and falsely marketed brands of cigarettes to consumers as light, low-tar, ultra light, mild, natural, and low-nicotine cigarettes, implying that the cigarettes are less harmful than other brands of cigarettes.

(2)

The National Cancer Institute has found that many smokers mistakenly believe that cigarettes with the labels described in paragraph (1) cause fewer health problems than other cigarettes, and this belief misleads smokers who may choose these cigarettes as an alternative to not smoking.

(3)

The Federal Trade Commission has concluded that cigarette tar and nicotine ratings cannot predict the amount of tar and nicotine [a person] get[s] from any particular cigarette..

(4)

Recent studies have demonstrated that there has been no reduction in risk on a population-wide basis from the cigarettes described in paragraph (1), and such cigarettes may actually increase the risk of tobacco use.

(5)

The dangers of marketing one brand of cigarettes as less harmful than another brand of cigarettes when in fact there are no reduced risks, is a compelling reason for the Government to ensure statements, claims, or other representations about cigarettes are truthful and not deceptive.

(b)

Definitions

In this section:

(1)

Health descriptor

The term health descriptor includes the words light, low, low tar, ultralight, mild, natural, or any other word, or any graphic or color, which reasonably could be expected to result in a consumer believing that smoking such brand may result in a lower risk of disease or be less hazardous to health than smoking another brand of cigarette.

(2)

Brand

The term brand means a variety of tobacco product distinguished by the type of tobacco used, tar content, nicotine content, the flavoring used, size, filtration, packaging, logo, registered trademark or brand name, identifiable pattern of colors, or any combination thereof.

(3)

Cigarette

The term cigarette has the meaning given such term in section 3(1) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1332(1)), but also includes tobacco, in any form, that is functional in the product, 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 or as roll-your-own tobacco.

(4)

Roll-your-own tobacco

The term roll-your-own tobacco means any tobacco which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes.

(c)

Prohibition on use of health descriptors and Federal Trade Commission testing method

(1)

In general

Notwithstanding any other provision of law, effective 120 days after the date of the enactment of this Act, a cigarette manufacturer may not use a health descriptor on the label or the advertising of any brand of cigarette.

(2)

Prohibition on use of Federal Trade Commission testing method

Notwithstanding any other provision of law, effective 120 days after the date of the enactment of this Act, a cigarette manufacturer may not make any claims or any other representations based on data derived from the cigarette testing method established by the Federal Trade Commission in effect on the day before the date of the enactment of this Act.

(3)

Enforcement

(A)

Unfair or deceptive act or practice

A violation of the prohibition described in paragraphs (1) or (2) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).

(B)

Actions by the commission

The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section.