Cigarette Labeling and Advertising Act

shorttitle	Cigarette Labeling and Advertising Act
othershorttitles	Federal Cigarette Labeling and Advertising Act of 1965
longtitle	An Act to regulate the labeling of cigarettes, and for other purposes.
nickname	Cigarette Act
enacted by	89th
effective date	January 1, 1966
public law url	http://www.gpo.gov/fdsys/pkg/STATUTE-79/pdf/STATUTE-79-Pg282.pdf
cite public law	89-92
title amended	15 U.S.C.: Commerce and Trade
sections created	§ 1331 et seq.
introducedin	Senate
introducedby	Warren Magnuson (D-WA)
introduceddate	January 15, 1965
committees	Senate Commerce Committee, Interstate and Foreign Commerce Committee
passedbody1	Senate
passeddate1	June 16, 1965
passedvote1	72-5
passedbody2	House
passeddate2	June 22, 1965
passedvote2	passed voice vote, in lieu of
conferencedate	July 1, 1965
passedbody3	Senate
passeddate3	July 6, 1965
passedvote3	passed voice vote
passedbody4	House
passeddate4	July 13, 1965
passedvote4	293-110
signedpresident	Lyndon B. Johnson
signeddate	July 27, 1965
amendments	Public Health Cigarette Smoking Act of 1969 Comprehensive Smoking Education Act of 1986 Family Smoking Prevention and Tobacco Control Act of 2009

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. It was amended by the Public Health Cigarette Smoking Act of 1969, Comprehensive Smoking Education Act of 1984, and the Family Smoking Prevention and Tobacco Control Act of 2009.[1] 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 —

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 the previously produced "Tobacco—a vital U.S. Industry," stressing the economic importance of the industry and its contributions to federal revenues.[2][3]

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.[4][5] 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.[6]

Cigarette Labeling and Advertising Act

Provisions of the Act

Declaration of Policy

Definitions

Labeling

Preemption

Criminal Penalty

Injunction Proceedings

Cigarettes for Export

Separability

Termination of Provisions Affecting Regulation of Advertising

Historical context

See also

External Resources

References