H.R.1376 - Family Smoking Prevention and Tobacco Control Act

To protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products. view all titles (2)

All Bill Titles

  • Short: Family Smoking Prevention and Tobacco Control Act as introduced.
  • Official: To protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products. as introduced.

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Introduced
 
House
Passes
 
Senate
Passes
 
President
Signs
 

 
03/17/05
 
 
 
 
 
 
 

Sponsor

Representative

Thomas Davis

R-VA

View Co-Sponsors (123)

Official Summary

Family Smoking Prevention and Tobacco Control Act - Amends the Federal Food, Drug, and Cosmetic Act to provide for the regulation of tobacco products by the Secretary of Health and Human Services through the Food and Drug Administration, including through disclosure, annual registration, in

Official Summary

Family Smoking Prevention and Tobacco Control Act - Amends the Federal Food, Drug, and Cosmetic Act to provide for the regulation of tobacco products by the Secretary of Health and Human Services through the Food and Drug Administration, including through disclosure, annual registration, inspection, recordkeeping, and user fee requirements. Sets forth criteria by which tobacco products are deemed adulterated or misbranded. Allows the Secretary to require prior approval of all label statements. Allows the Secretary to restrict the sale or distribution of tobacco products, including advertising and promotion, if the Secretary determines that such regulation would be appropriate for the protection of the public health. Prohibits such regulations from:
(1) limiting product sales or distribution to authorization of a practitioner licensed to prescribe medical products;
(2) prohibiting product sales in face-to-face transactions by a specific category of retail outlets; or
(3) establishing a minimum age greater than 18 years of age for product purchases. Prohibits cigarettes from containing any artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, cinnamon, or coffee. Requires the Secretary to establish tobacco product standards to protect the public health, but reserves to Congress the power to ban any tobacco products or reduce the nicotine level to zero. Allows the Secretary to take specified actions, including public notification and recall, against unreasonably harmful products. Requires premarket approval of all new tobacco products. Sets forth standards for the sale of modified risk tobacco products. Sets forth provisions regarding:
(1) judicial review;
(2) coordination with the Federal Trade Commission (FTC);
(3) congressional review of regulations; and
(4) state and local authority. Requires the Secretary to establish a Tobacco Products Scientific Advisory Committee. Amends the Federal Cigarette Labeling and Advertising Act to change cigarette warning label and advertising requirements. Amends the Comprehensive Smokeless Tobacco Health Education Act of 1986 to change smokeless tobacco warning label and advertising requirements.

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