2 1 wrapped in leaf tobacco or any substance containing tobacco 2 (other than any roll of tobacco which is a cigarette within 3 the meaning of subsection (1)) and as to which one thousand 4 units weigh not more than three pounds." 5 SEC. 3. Section 6 of the Federal Cigarette Labeling and 5 Advertising Act (15 U.S.C. 1331-1340) as amended by 7 the Public Health Cigarette Smoking Act of 1969 is amended 3 by inserting the words "and little cigars" after the word > "cigarettes". SEC. 4. The amendment made by this Act shall become effective thirty days after the date of enactment. 95-147-732 CHRONOLOGY OF CIGARETTE LABELING AND ADVERTISING LEGISLATION On June 7, 1962, the Surgeon General of the Public Health Service appointed an advisory committee to study all published literature bearing on the relationship of cigarette smoking to human health. The committee submitted its report to the Surgeon General on January 11, 1964. The Federal Trade Commission, on January 18, 1964, issued notice of its intention to adopt trade regulation rules which would have required that cigarette packages and advertisements bear a health warning. Modified trade regulation rules were issued by the Commission in June of 1964. The Interstate and Foreign Commerce Comnittee held 4 days of hearings on the question in June and July of hat year. At the request of the committee, the Federal Trade Comnission postponed the effective date of its proposed rules in order to permit the committee to consider the matter further. In April and May 1965, 7 additional days of hearings were held on The relationship of cigarette smoking to human health and the desirbility of regulating cigarette labeling and advertising. The Federal Cigarette Labeling and Advertising Act (Public Law 9–92) was enacted on July 27, 1965, and made effective January 1, 1966. The 1965 act (1) Required that each cigarette package bear a conspicuous and legible label stating: "Caution: Cigarette Smoking May Be Hazardous to Your Health."; (2) Prohibited any other statement relating to smoking and health from being required on cigarette packages so labeled; (3) Provided that, until July 1, 1969, no statement relating to smoking and health could be required in any advertisement of cigarettes the packages of which were labeled in accordance with the act; (4) Established a penalty of $10,000 for violations of the act; and (5) Required the Secretary of Health, Education, and Welfare and the Federal Trade Commission to submit annual reports and recommendations to the Congress. garette advertising on radio and television In June of 1967, the Federal Communications Commission sustained citizen's complaint that cigarette advertisements on radio and to ise oneside of a controversial issue of public importance. Therefore, it ld that its "fairness doctrine" was applicable to cigarette advertising ad radio and television stations which carried such advertising had à obligation to provide a significant amount of free time for other ewpoints. As a result, broadcasting stations which carried cigarette vertising were required to carry so-called anticigarette commercials epared under the auspices of such organizations as the American ancer Society. The Commission's position was sustained by the U.S. Court of Appeals for the District of Columbia (Banzhaf v. Federal Communications Commission, 405 F. 2d 1082, 1968; cert denied 396 U.S. 842, 1969). Subsequent to its application of the fairness doctrine to cigarette advertising, the FCC on February 6, 1969, issued a notice of proposed rulemaking (FCC Docket No. 18434; 34 F.R. 1959, Feb. 11, 1969) to ban cigarette advertising from radio and television. This was done for the announced purpose of apprising the Congress with respect to the action the FCC proposed to take "assuming the absence of a contrary congressional direction." In April 1969, the Interstate and Foreign Commerce Committee undertook hearings on legislation amending the Federal Cigarette Labeling and Advertising Act. The Public Health Cigarette Smoking Act of 1969 (Public Law 91-222) was enacted into law on April 1, 1970. This act amended the 1965 Federal Cigarette Labeling and Advertising Act in several ways. The 1969 Act (1) Changed the labeling statement required on cigarette packages manufactured, imported, or packaged for sale or distribution within the United States to "Warning: The Surgeon General Has Determined That Cigarette Smoking Is Dangerous To Your Health"; (2) Made it unlawful to advertise cigarettes on any medium of electronic communication subject to the jurisdiction of the Federal Communications Commission after January 1, 1971; and (3) Maintained a preemption provision on the Federal Trade Commission, with respect to a pending trade regulation rule relating to cigarette advertising, until July 1, 1971. The Federal Trade Commission was further required to notify Congress in advance of any determination it makes to take action with respect to the pending trade regulation rule affecting cigarette advertising. The Federal Trade Commission was additionally required to stay the effectiveness of any trade regulation rule adopted in such a procedeing until six months after the Commission had notified the Congress including the text of such trade regulation, in order that the Congress may act if it so desires. In each case the Congress acted with regard to "cigarettes" as defined in section 3(1) of the Public Health Cigarette Smoking Act of 1969 (Public Law 91-222).* *See p. 1. |