The Federal Cigarette Labeling and Advertising Act (also known as the Cigarette Act) is a comprehensive act designed to provide a set of national standards for cigarette packaging in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., federal district, five ma ...

. It was amended by the Public Health Cigarette Smoking Act of 1969,

Comprehensive Smoking Education Act The Comprehensive Smoking Education Act of 1984 (also known as the Rotational Warning Act) is an act of the Congress of the United States. A national program established in order to improve the availability of information on health risks related t ...

of 1986, and the Family Smoking Prevention and Tobacco Control Act of 2009. It came in conflict with California Proposition 65.

Provisions of the Act

Declaration of Policy

It is the policy and the purpose of this Act, to establish a comprehensive Federal program to deal with cigarette labeling and advertising with respect to any relationship between smoking and health, whereby — ::(1) The public may be adequately informed that cigarette smoking may be hazardous to health by inclusion of a warning to that effect on each package of cigarettes. ::(2) Commerce and the national economy may be — :::(A) Protected to the maximum extent consistent with this declared policy. :::(B) Not impeded by diverse, nonuniform, and confusing cigarette labeling and advertising regulations with respect to any relationship between smoking and health.

Definitions

As used in this Act — :(1) ''Cigarette'' means — ::(A) Any roll of tobacco wrapped in paper or in any substance not containing tobacco. ::(B) Any roll of tobacco wrapped in any substance containing tobacco 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 described in subparagraph (A). :(2) ''Commerce'' means — ::(A) Commerce between any

State State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * '' Our ...

District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan ...

, Commonwealth of Puerto Rico,

Guam Guam (; ch, Guåhan ) is an organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. It is the westernmost point and territory of the United States (reckoned from the geographic ce ...

Virgin Islands The Virgin Islands ( es, Islas Vírgenes) are an archipelago in the Caribbean Sea. They are geology, geologically and biogeography, biogeographically the easternmost part of the Greater Antilles, the northern islands belonging to the Puerto Ric ...

American Samoa American Samoa ( sm, Amerika Sāmoa, ; also ' or ') is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the island country of Samoa. Its location is centered on . It is east of the Internation ...

Wake Island Wake Island ( mh, Ānen Kio, translation=island of the Sida fallax, kio flower; also known as Wake Atoll) is a coral atoll in the western Pacific Ocean in the northeastern area of the Micronesia subregion, east of Guam, west of Honolulu, sou ...

, Midway Islands, Kingman Reef, or Johnston Island and any place outside thereof. ::(B) Commerce between points in any State, District of Columbia, Commonwealth of Puerto Rico, Guam, Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island, but through any place outside thereof. ::(C) Commerce wholly within the District of Columbia, Guam, Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island. :(3) ''United States'', when used in a

geographical Geography (from Greek: , ''geographia''. Combination of Greek words ‘Geo’ (The Earth) and ‘Graphien’ (to describe), literally "earth description") is a field of science devoted to the study of the lands, features, inhabitants, and ...

sense, includes the several States, District of Columbia, Commonwealth of Puerto Rico, Guam, Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, and Johnston Island. :(4) ''Package'' means a pack, box, carton, or container of any kind in which cigarettes are offered for sale, sold, or otherwise distributed to consumers. :(5) ''Person'' means an individual, partnership, corporation, or any other business or

legal entity In law, a legal person is any person or 'thing' (less ambiguously, any legal entity) that can do the things a human person is usually able to do in law – such as enter into contracts, sue and be sued, own property, and so on. The reason fo ...

. :(6) ''Sale or Distribution'' includes sampling or any other

distribution Distribution may refer to: Mathematics *Distribution (mathematics), generalized functions used to formulate solutions of partial differential equations *Probability distribution, the probability of a particular value or value range of a varia ...

not for sale.

Labeling

It shall be unlawful for any person to manufacture, import, or package for sale or distribution within the

any cigarettes the package of which fails to bear the following statement: ::* ''CAUTION: CIGARETTE SMOKING MAY BE HAZARDOUS TO YOUR HEALTH'' Such statement shall be located in a conspicuous place on every cigarette package and shall appear in conspicuous and legible type in contrast by

typography Typography is the art and technique of arranging type to make written language legible, readable and appealing when displayed. The arrangement of type involves selecting typefaces, point sizes, line lengths, line-spacing ( leading), an ...

, layout, or color with other printed matter on the package.

Preemption

:(a) No statement relating to smoking and health, other than the statement required by this Act, shall be required on any cigarette package. :(b) No statement relating to smoking and health shall be required in the advertising of any cigarettes the packages of which are labeled in conformity with the provisions of this Act. :(c) Except as is otherwise provided in subsections (a) and (b), nothing in this Act 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, nor to affirm or deny the Federal Trade Commission's holding that it has the authority to issue trade regulation rules or to require an affirmative statement in any cigarette advertisement. :(d) For the purpose of this Act — ::(1)

Secretary of Health, Education, and Welfare The United States secretary of health and human services is the head of the United States Department of Health and Human Services, and serves as the principal advisor to the president of the United States on all health matters. The secretary is ...

shall transmit a report to the Congress not later than eighteen months after the effective date of this Act, and annually thereafter, concerning :::(A) Current information on the health consequences of smoking. :::(B) Such recommendations for

legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to ...

as the Secretary may deem appropriate. ::(2) The Federal Trade Commission shall transmit a report to the Congress not later than eighteen months after the effective date of this Act, and annually thereafter, concerning — :::(A) The effectiveness of cigarette labeling. :::(B) Current practices and methods of cigarette advertising and promotion. :::(C) Such recommendations for legislation as it may deem appropriate.

Criminal Penalty

Any person who violates the provisions of this Act shall be guilty of a

misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than ad ...

and shall on

conviction In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of " not proven", which is ...

thereof subject to a

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of not more than $100,000.

Injunction Proceedings

The

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s are invested with

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Ju ...

, for cause shown, to prevent and restrain violations of this Act upon the application of the

United States Attorney General The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...

acting through the several United States attorneys in their several districts.

Cigarettes for Export

Packages of cigarettes manufactured, imported, or packaged — :(1) For export from the

. :(2) For delivery to a vessel or

aircraft An aircraft is a vehicle that is able to fly by gaining support from the air. It counters the force of gravity by using either static lift or by using the dynamic lift of an airfoil, or in a few cases the downward thrust from jet engines. ...

, as supplies, for consumption beyond the jurisdiction of the internal revenue laws of the United States shall be exempt from the requirements of this Act, but such exemptions shall not apply to cigarettes manufactured, imported, or packaged for sale or distribution to members or units of the

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located outside of the United States.

Separability

If any provision of this Act or the application thereof to any person or circumstances is held invalid, the other provisions of this Act and the application of such provision to other persons or circumstances shall not be affected thereby.

Termination of Provisions Affecting Regulation of Advertising

The provisions of this Act which affect the

regulation Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology Biology is the scientific study of life. It is a natural science with a ...

of advertising shall terminate on July 1, 1969, but such termination shall not be construed as limiting, expanding, or otherwise affecting the jurisdiction or authority which the Federal Trade Commission or any other Federal agency had prior to the date of enactment of this Act.

Historical context

The U.S. Surgeon General Luther Terry issued a detailed report saying that cigarette smoking was a health hazard on January 11, 1964. In June 1964, the Federal Trade Commission (FTC) announced several new requirements of the tobacco industry. Beginning on January 1, 1965, the tobacco industry would have to put health warning labels on their cigarette packages and that starting July 1, 1965, similar health warnings would be required in their advertisements. The tobacco industry responded with lobbying efforts on Capitol Hill and a public relations campaign that included brochures such as "Tobacco—a vital U.S. Industry," stressing the economic importance of the industry and its contributions to federal revenues. S. 559 was introduced in the Senate on January 15, 1965, by Senator Warren G. Magnuson (D-WA), which required cigarette packages to bear the statement: "Warning: Continual Cigarette Smoking May be Hazardous to Your Health." The bill also removed a threat to tobacco interests by prohibiting any other health warning by federal, state, or local entities for a period of time. Representative Walter Rogers (D-TX) introduced H.R. 3014 in the House. It was similar to S. 559; however, instead of a three-year moratorium on federal agency regulation of labeling and advertising, the House bill permanently banned the Federal Trade Commission or other federal agency action concerning health warnings. The House and Senate were under pressure from both health organizations, which wanted stronger legislation informing the public about the health hazards, and tobacco interests that sought to limit the impact of the proposed warning label. A conference committee resolved differences between the House and Senate bill versions by compromising on a four-year ban of FTC action. On July 6, the Senate adopted the conference report by a voice vote and on July 13, the House adopted the report by a 286 to 103 roll-call vote. President Lyndon B. Johnson signed the bill into law without comment on July 27, 1965.

References

External Resources

The Great Society Congress
{{DEFAULTSORT:Cigarette Labeling And Advertising Act 1965 in American law 1966 in American law 89th United States Congress United States federal health legislation Smoking in the United States Advertising regulation Tobacco advertising Regulation in the United States