H.R.762

Youth Protection From Tobacco Addiction Act of 1997 (Introduced in the House)

SECTION 1. SHORT TITLE.

This Act may be cited as the `Youth Protection From Tobacco Addiction Act of 1997'.

SEC. 2. FINDINGS.

The Congress finds as follows:

(1) Cigarette smoking and tobacco use account for approximately 450,000 deaths each year in the United States.

(2) Cigarette smoking accounts for approximately $65,000,000,000 each year in lost productivity andhealth care costs.

(3) Tobacco products are as addictive as cocaine and heroin.

(4) Each day in the United States, approximately 3,000 children try their first cigarette, many of whomwill become addicted and will die prematurely.

(5) The tobacco industry spends over $6,000,000,000 each year to promote and advertise its products using images of sexual attraction, sophistication, athletic abilities, and good health.

(6) The present advertising and promotional themes used by the tobacco industry strongly influence youth tobacco use and it is in the Government's interests to prohibit tobacco advertising and promotion to discourage the use of tobacco by the Nation's youth.

(7) In spite of the well established and well known dangers of tobacco products, the tobacco industry has for years denied that their products cause disease or are addictive.

(8) Of adult smokers, 82 percent smoked their first cigarette before the age of 18. Of young people who become regular smokers, 70 percent regret their decision to smoke.

(9) Voluntary agreements with the tobacco industry, which have been attempted for more than 30 years, have been shown to be ineffective.H.R.762

SEC. 3. LIMITATIONS ON TOBACCO ADVERTISING , PROMOTION, AND
PACKAGING.

(a) ADVERTISING - It shall be unlawful for any manufacturer, packer, distributor, importer, or seller of tobacco products in or affecting commerce to advertise or cause to be advertised any tobacco product.

(b) PROMOTION- It shall be unlawful to--

(1) distribute any tobacco product as a free sample or to make any tobacco product available at no cost as the result of coupons or other method which allows tobacco products to be obtained for free or for reduced cost;

(2) sponsor or cause to be sponsored any athletic, music, artistic, or other event in the name of a registered brand name, logo, or symbol of a tobacco product or in a manner so that a registered brand name, logo, or symbol of a tobacco product is publicly identified as a sponsor of or in any way associated with such an event, except if the registered brand name is also the name of the corporation which manufactures the tobacco product and both the registered brand and the corporation were in existence prior to January 1, 1996;

(3) market or cause to be marketed nontobacco products or services which bear the name of a registered brand name, logo, symbol of a tobacco product, except if the registered brand name is also the name of the corporation which manufactures the tobacco product and both the registered brand and the corporation were in existence prior to January 1, 1996;

(4) pay or cause to be paid to have any tobacco product or the registered brand name, logo, or symbol of any tobacco product appear in any movie, television show, play, video arcade game, or other form of entertainment, except if the registered brand name is also the name of the corporation which manufactures the tobacco product and both the registered brand and the corporation were in existence prior to January 1, 1996; and

(5) pay or cause to be paid to have the registered brand name, logo, or symbol of any tobacco product appear on any toy commonly used by persons under the age of 18, or on any vehicle, boat, or other equipment used in sports, or on a sports stadium or other sports facility or any other facility where sporting activity is regularly performed, except if the registered brand name is also the name of the corporation which manufactures the tobacco product and both the registered brand and the corporation were in existence prior to January 1, 1996.

(c) TOBACCO PRODUCT PACKAGES- It shall be unlawful for any person to manufacture, package, distribute, or import for sale or distribution within the United States any tobacco product the package of which fails to comply with the following requirements:

(1) No human figure or facsimile thereof, no brand name logo or symbol, and no picture shall be used in or as part of any tobacco product package.

(2) The print on any tobacco product package shall be black on a white background.