text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Tobacco Advertising and Promotion 
  Studies Act of 1994''.
  
  SEC. 2. FINDINGS.
  
      (a) Advertising.--The Congress makes the following findings 
  respecting advertising of tobacco products:
              (1) The tobacco industry spends over $4 billion annually to 
          advertise and promote cigarette products.
              (2) Since 1964, the tobacco industry has had a voluntary 
          advertising code which it claims was implemented to 
          sufficiently ensure against children and teenagers being 
          encouraged to smoke cigarettes and which, according to the 
          tobacco industry, prohibits the advertising of cigarette 
          products from making implied or direct health claims.
              (3) The voluntary advertising code which the tobacco 
          industry claims is a sufficient safeguard against improper 
          advertising and marketing practices recommends that cigarette 
          advertising shall not suggest that cigarette smoking is 
          ``essential'' to sexual attraction, success, sophistication, or 
          good health and that models in cigarette advertisements shall 
          be at least 25 years of age and shall not be made to appear 
          under such age.
              (4) Despite the existence of, and alleged compliance by the 
          tobacco industry with, the voluntary advertising code, a number 
          of studies have shown that cigarette advertising may be an 
          important factor in encouraging youth, women, and minorities to 
          take up the cigarette smoking habit and may reinforce decisions 
          to continue to smoke.
      (b) Women.--The Congress makes the following findings respecting 
  women and tobacco:
              (1) The fastest growing sector of smokers in the United 
          States are women under the age of 23. Approximately 2,000 girls 
          and young women smoke their first cigarette every day.
              (2) It is expected that between the years 2005 and 2010, 
          the number of women dying from smoking related diseases will 
          exceed the number of men so dying.
              (3) Each year tobacco kills more than 147,000 women in the 
          United States, mostly through cigarette smoking induced heart 
          disease, lung cancer, and other lung diseases.
              (4) As smoking by women has increased, lung cancer in women 
          has skyrocketed. In 1987 lung cancer surpassed breast cancer as 
          the leading cancer killer of women.
              (5) Women who smoke as little as 1 to 4 cigarettes each day 
          increase their risk of heart attack by 2 to 3 times.
              (6) In 1991 for the first time in more than a decade the 
          prevalence of smoking among women actually increased rather 
          than decreased.
              (7) Women who smoke cigarettes during pregnancy increase 
          the risk for low birth weight and premature infants, 
          miscarriage, stillbirths, sudden infant death syndrome, and 
          infant mortality.
              (8) Pregnant women who smoke deliver babies an average of 
          one-half inch shorter and 7 ounces lighter than the babies of 
          nonsmoking mothers. There is a 25 to 50 percent higher rate of 
          fetal and infant death among women who smoke during pregnancy 
          compared with those who do not smoke. It is estimated that 
          4,000 infants die each year because of their mother's smoking.
              (9) Approximately 44 percent of all women who currently 
          smoke have attempted to quit smoking in the past year.
              (10) Cigarette smoking increases women's risk of 
          contracting cervical cancer.
      (c) Minorities.--The Congress makes the following findings 
  respecting minorities and tobacco:
              (1) Tobacco use by African-Americans is responsible for 
          nearly 48,000 deaths each year in the United States.
              (2) Tobacco companies aggressively target members of the 
          African-American community and the growing Hispanic population, 
          particularly in the urban, inner-city environment.
              (3) As of 1991, 29.2 percent of African-American adults 
          (aged 18 and older) smoked cigarettes, including 35.1 percent 
          of African-American men and 24.4 percent of African-American 
          women.
              (4) As of 1991, 16 percent of Asian/Pacific Islander adults 
          (aged 18 and older) smoked cigarettes, including 24.2 percent 
          of Asian/Pacific Islander men and 7.5 percent of Asian/Pacific 
          Islander women.
              (5) As of 1991, 31.4 percent of American Indian/Alaskan 
          Natives adults (aged 18 and older) smoked cigarettes, including 
          27.9 percent of American Indian/Alaskan Natives men and 35.2 
          percent of American Indian/Alaskan Natives women.
              (6) As of 1991, 20.2 percent of Hispanic adults (aged 18 
          and older) smoked cigarettes, including 25.2 percent of 
          Hispanic men and 15.5 percent of Hispanic women.
              (7) African Americans suffer from tobacco-related disease 
          at a higher rate than whites, including a higher incidence of 
          respiratory system, esophagus, and oral cavity cancers.
              (8) Lung cancer is increasing among Hispanic men.
  
  SEC. 3. TOBACCO ADVERTISING STUDIES.
  
      (a) Studies.--The Federal Trade Commission shall conduct the 
  following studies which should be based on existing studies and on 
  significant original market research:
              (1) Women and minorities.--A study of current tobacco 
          advertising to determine--
                      (A) if and in what forms such advertising and 
                  promotion uses themes, graphics, and techniques which 
                  are likely to appeal specifically to (i) girls and 
                  women and (ii) minorities in ways that make smoking 
                  attractive to them, and
                      (B) whether targeting girls, women, and minorities 
                  increases tobacco use.
          In connection with such study, advertising of alcoholic 
          beverages shall be reviewed to determine the extent to which 
          such advertising targets girls and women and minorities.
              (2) Weight loss and maintenance.--
                      (A) In general.--A study of current cigarette 
                  advertising and promotion to investigate the targeting 
                  of girls and women in cigarette advertising and 
                  promotion and tobacco companies' use of messages in 
                  their advertising and promotion, explicitly or 
                  implicitly, concerning weight loss and weight 
                  maintenance, the wording and overall imagery used in 
                  such advertising and promotion and its impact on girls 
                  and women, and the perception of girls and women, 
                  including smokers and non-smokers, of the relation 
                  between the use of tobacco and weight control and 
                  maintenance.
                      (B) Terms and imagery.--In conducting the study 
                  under subparagraph (A), the Federal Trade Commission 
                  shall examine the following:
                              (i) Whether women interpret the use of the 
                          terms ``slim'', ``light'', ``thin'', 
                          ``superslim'', and related terms and the shape 
                          of cigarettes employing such terms as implying 
                          that cigarette smoking results in weight loss 
                          or weight maintenance.
                              (ii) Whether girl's and women's 
                          interpretation of such terms and imagery 
                          accurately reflects the actual effect of 
                          cigarette smoking on weight. In particular, 
                          whether girls and women are knowledgeable about 
                          the transient and reversible nature of any 
                          smoking induced weight loss, the precise 
                          magnitude of weight loss which may be 
                          experienced upon the taking up of smoking, and 
                          the precise magnitude of weight gain which may 
                          be experienced upon smoking cessation.
                              (iii) The relative impact of cigarette 
                          smoking on the health of girls and women and 
                          whether or not girls and women are 
                          knowledgeable about the impact of smoking on 
                          their health.
                              (iv) Whether the Federal Trade Commission 
                          has authority to take action with respect to 
                          advertising and promotion using such terms and 
                          imagery.
                              (v) To the extent that the Federal Trade 
                          Commission does not have the authority to take 
                          needed action, what legislation is needed to 
                          enable the Commission to take action necessary 
                          to fully remedy the study's findings.
              (3) Low yield tobacco products.--
                      (A) In general.--A study of current cigarette 
                  advertising and promotion to investigate the apparent 
                  targeting of girls and women and tobacco companies use 
                  of messages concerning so called low tar/low nicotine 
                  cigarettes (hereafter in this paragraph referred to as 
                  ``low yield cigarettes''). This shall include the 
                  wording and overall imagery used in advertising and 
                  promotion for low yield cigarettes and the impact of 
                  such advertising and promotion on both male and female 
                  user's perception of the relative risk of smoking such 
                  cigarettes as opposed to the smoking of non low yield 
                  cigarettes or quitting smoking.
                      (B) Terms.--In conducting the study under 
                  subparagraph (A), the Federal Trade Commission shall 
                  examine the following:
                              (i) Whether men and women tend to interpret 
                          messages and imagery used in the advertising 
                          and promotion of low yield cigarettes to 
                          indicate that smoking such cigarettes is less 
                          hazardous than smoking other cigarettes. The 
                          Commission shall look at consumer's perception 
                          of a wide range of health risks, including 
                          cardiovascular disease, lung and other cancers, 
                          pulmonary diseases, risks during pregnancy, 
                          risk of environmental tobacco smoke exposure to 
                          surrounding individuals, and other risks and 
                          attempt to quantify the degree of risk 
                          reduction perceived by the reasonable consumer. 
                          In addition, the Commission shall examine 
                          whether the perception of male and female 
                          smokers differ in this regard.
                              (ii) Whether men's and women's 
                          interpretation of the wording and imagery used 
                          in advertising and promotion of low yield 
                          cigarettes, as determined under clause (i), 
                          accurately reflects the health hazards of 
                          cigarettes.
                              (iii) Whether men and women who smoke are 
                          likely to be influenced to smoke low yield 
                          cigarettes rather than quit smoking because of 
                          the advertising and promotion of such 
                          cigarettes. In this regard, the Commission 
                          shall examine whether smokers tend to differ 
                          according to whether or not they report being 
                          concerned about smoking's negative impact on 
                          their health and whether male and female 
                          smokers tend to differ from each other in this 
                          regard.
                              (iv) The relative likely impact of smoking 
                          of low yield cigarettes on men's and women's 
                          health relative to quitting smoking.
                              (v) Whether the Federal Trade Commission 
                          has the authority to take action with respect 
                          to advertising and promotion of low yield 
                          cigarettes.
                              (vi) To the extent that the Commission does 
                          not have the authority to take needed action, 
                          what legislation is needed to enable the 
                          Commission to take action necessary to fully 
                          remedy the study's findings.
              (4) Demographics.--
                      (A) In general.--A study of the demographics of 
                  targeted audiences of cigarette advertising and 
                  promotions which appear to be targeted at girls, women, 
                  and minorities, including the age, gender, race, 
                  ethnicity, and socio-economic groups of the girls, 
                  women, and minorities and, in the case of minorities, 
                  the demographics of such advertising and promotions for 
                  smokeless tobacco products.
                      (B) Focus.--In conducting the study under 
                  subparagraph (A), the Federal Trade Commission shall 
                  identify--
                              (i) the media used to apparently target the 
                          groups described in subparagraph (A), including 
                          the types of publications used with their 
                          demographic profile, including the demographic 
                          profile of readers under the age of 18,
                              (ii) the types of promotions used, giving 
                          information about specific venues, and
                              (iii) the amount of money spent in each 
                          category.
      (b) Report.--The Federal Trade Commission shall complete each of 
  the studies identified in subsection (a) not later than 9 months after 
  the date of the enactment of this Act and shall, not later than 12 
  months after such date, report to the Congress--
              (1) the results of such studies,
              (2) whether the Federal Trade Commission has the authority 
          to take action on the study's findings,
              (3) any actions the Commission proposes to take on the 
          basis of such findings, and
              (4) to the extent that the Commission does not have the 
          authority to take needed action, what legislation is needed to 
          enable the Commission to take action necessary to fully remedy 
          the study's findings.
target: Tobacco Advertising and Promotion Studies Act of 1994 - Directs the Federal Trade Commission to study and report to the Congress on specified aspects of tobacco advertising and promotion targeted at women and certain ethnic groups.
feat_title: Tobacco Advertising and Promotion Studies Act of 1994