text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Youth Protection From Tobacco 
  Addiction Act of 1996''.
  
  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 and health 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 whom will 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.
  
  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.
  
  SEC. 4. ENFORCEMENT.
  
      (a) Injunction.--The district courts of the United States shall 
  have jurisdiction over civil actions brought to restrain violations of 
  section 3. Such a civil action may be brought in the United States 
  district court for the judicial district in which the violation 
  occurred or in which the defendant is found or transacts business. In 
  such a civil action process may be served on a defendant in any 
  judicial district in which the defendant resides or may be found and 
  subpoenas requiring attendance of witnesses in any such action may be 
  served in any judicial district.
      (b) Misbranding.--Any tobacco product which is advertised, 
  promoted, or packaged in violation of section 3 shall be considered a 
  misbranded drug under the Federal Food, Drug, and Cosmetic Act.
  
  SEC. 5. DEFINITIONS.
  
      As used in section 3:
              (1) The term ``tobacco product'' means--
                      (A) cigarettes and little cigars as defined in 
                  section 3 of the Federal Cigarette Labeling and 
                  Advertising Act (15 U.S.C. 1332),
                      (B) cigars as defined in section 5702 of the 
                  Internal Revenue Code of 1954,
                      (C) pipe tobacco and loose rolling tobacco,
                      (D) smokeless tobacco as defined in section 9(1) of 
                  the Comprehensive Smokeless Tobacco Health Education 
                  Act of 1986, and
                      (E) any other form of tobacco intended for human 
                  consumption.
              (2) The term ``advertisement'' means--
                      (A) all newspapers and magazine advertisements and 
                  advertising inserts, billboards, posters, signs, 
                  decals, banners, matchbook advertising, point-of-
                  purchase display material (except price information), 
                  and all other written or other material used for 
                  promoting the sale or consumption of tobacco products 
                  to consumers,
                      (B) advertising promotion allowances, and
                      (C) any other means used to promote the purchase of 
                  tobacco products.
  
  SEC. 6. AUTHORITY OF THE FEDERAL TRADE COMMISSION.
  
      Nothing in this Act shall be construed to limit or restrict the 
  existing authority of the Federal Trade Commission with respect to 
  tobacco products or promotion.
  
  SEC. 7. AUTHORITY OF THE FOOD AND DRUG ADMINISTRATION.
  
      Nothing in this Act shall be construed to limit or restrict the 
  existing or future authority of the Food and Drug Administration with 
  respect to tobacco products or promotion.
  
  SEC. 8. PREEMPTION.
  
      Nothing in this Act or section 5 of the Federal Cigarette Labeling 
  and Advertising Act (15 U.S.C. 1332 et seq.) shall prevent any State or 
  local government from regulating--
              (1) the location of any advertising for tobacco products 
          which is displayed within the geographic area governed by the 
          applicable State or local government, such as advertising on 
          billboards and on transit vehicles, and
              (2) the sale, distribution, or promotion of tobacco 
          products within the geographic area governed by the applicable 
          State or local government,
  so long as such actions are consistent with and no less restrictive 
  than requirements of this Act and the Federal Cigarette Labeling and 
  Advertising Act.
  
  SEC. 9. CONSTRUCTION.
  
      Nothing in this Act shall supersede, repeal, or modify any 
  requirement of the Federal Cigarette Labeling and Advertising Act, as 
  amended (15 U.S.C. 1332 et seq.) and the Comprehensive Smokeless 
  Tobacco Health Education Act of 1986.
  
  SEC. 10. EFFECTIVE DATE.
  
      This Act shall take effect 1 year from the date of enactment, 
  except as follows:
              (1) Advertising on billboards which violates section 3 
          shall be prohibited effective 2 years after the date of 
          enactment.
              (2) The prohibition of sponsorship of 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 shall apply--
                      (A) in the case of events subject to contracts 
                  which were entered into before the enactment of the 
                  Act, 3 years after such date or after the termination 
                  of the contract, whichever occurs first; and
                      (B) in the case of events subject to contracts and 
                  contract renewals entered into on or after the date of 
                  enactment of this Act, on such date.
target: Youth Protection From Tobacco Addiction Act of 1996 - Places specified limitations on tobacco advertising, promotion, and packaging.
feat_title: Youth Protection From Tobacco Addiction Act of 1996