Cigarette Export Labeling Act

Cigarette Export Labeling Act - Requires cigarettes being exported to bear the Surgeon General's warnings required by the Federal Cigarette Labeling and Advertising Act. Makes it unlawful to advertise abroad any cigarette without the Surgeon General's warnings required by the Act.

Repeals provisions of the Act exempting from the warning requirements cigarettes for: (1) export; or (2) delivery to a vessel or aircraft for consumption beyond the jurisdiction of U.S. internal revenue laws.

 
HR 2779 IH
102d CONGRESS
1st Session
 H. R. 2779
To make exports of cigarettes and the advertising of cigarettes abroad subject
to the same restrictions on labeling and advertising of cigarettes as apply
to the sale or distribution and advertising of cigarettes in the United States.
IN THE HOUSE OF REPRESENTATIVES
JUNE 26, 1991
Mr. ATKINS (for himself, Mr. ANDREWS of Texas, Mrs. BOXER, Mr. DURBIN,
Mr. EVANS, Mr. FRANK of Massachusetts, Mr. HANSEN, Mr. MARKEY, Mr. MCDERMOTT,
Mr. MRAZEK, Mr. NEAL of Massachusetts, Mr. SANGMEISTER, Mr. STARK, Mr. SYNAR,
Mr. VISCLOSKY, Mr. WAXMAN, Mr. WEISS, and Mr. WHEAT) introduced the following
bill; which was referred jointly to the Committees on Foreign Affairs and
Energy and Commerce
A BILL
To make exports of cigarettes and the advertising of cigarettes abroad subject
to the same restrictions on labeling and advertising of cigarettes as apply
to the sale or distribution and advertising of cigarettes in the United States.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Cigarette Export Labeling Act'.
SEC. 2. EXPORTS OF CIGARETTES AND ADVERTISING OF CIGARETTES ABROAD.
  (a) LABELING REQUIREMENTS FOR EXPORTS-
  (1) REQUIREMENTS- It shall be unlawful for any person subject to the
  jurisdiction of the United States, either directly or through a foreign
  subsidiary or agent of that person, to export from the United States or any
  other country any cigarettes the package of which does not contain the label
  statements, in the primary language of the country in which the cigarettes
  are intended for consumption, required by section 4 of the Federal Cigarette
  Labeling and Advertising Act (15 U.S.C. 1333) for cigarettes manufactured,
  imported, or packaged for sale or distribution within the United States.
  (2) WAIVERS- The President may waive the prohibition contained in paragraph
  (1) if the President determines that the country in which the exported
  cigarettes are intended for consumption has in effect requirements for
  labeling of cigarette packages substantially similar to or more stringent
  than those set forth in section 4 of the Federal Cigarette Labeling and
  Advertising Act. The President shall publish in the Federal Register all
  waivers granted under this paragraph.
  (b) LABEL STATEMENTS REQUIRED FOR ADVERTISING-
  (1) REQUIREMENTS- It shall be unlawful for any person subject to the
  jurisdiction of the United States, either directly or through a foreign
  subsidiary or agent of that person, to advertise or cause to be advertised
  abroad any cigarette unless the advertising contains the label statements,
  in the same language as the advertising message, required for advertising
  under section 4 of the Federal Cigarette Labeling and Advertising Act.
  (2) WAIVER- The President may waive the prohibition contained in paragraph
  (1) with respect to a country in which the advertising is carried out
  if the President determines that the country has in effect requirements
  for advertising of cigarettes substantially similar to or more stringent
  than those set forth in section 4 of the Federal Cigarette Labeling and
  Advertising Act. The President shall publish in the Federal Register all
  waivers granted under this paragraph.
SEC. 3. PENALTIES.
  (a) FINE- Any person who violates the provisions of section 2 shall be
  fined not more than $100,000.
  (b) INJUNCTION PROCEEDINGS- The district courts of the United States shall
  have jurisdiction, for cause shown, to prevent and restrain violations of
  section 2 upon the application of the Attorney General of the United States.
SEC. 4. REPEAL.
  Section 12 of the Federal Cigarette Labeling and Advertising Act (15
  U.S.C. 1340) is hereby repealed.
SEC. 5. DEFINITIONS.
  For purposes of section 2--
  (1) the terms `cigarette', `United States', `package', and `sale or
  distribution', have the meanings given those terms in section 3 of the
  Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1332); and
  (2) a person is a `foreign subsidiary' of another person if that person is
  located outside the United States or is organized under the laws of a foreign
  country, and that person is directly or indirectly owned or controlled by
  that other person to the extent of 10 percent or more of its voting stock
  (in the case of an incorporated enterprise) or an equivalent interest
  (in the case of an unincorporated enterprise), and such term includes a
  branch of that other person.
SEC. 6. REGULATORY AUTHORITY.
  The President shall issue such regulations, orders, and licenses as may
  be necessary to carry out this Act. Such regulations shall be issued not
  later than 90 days after the date of the enactment of this Act.
SEC. 7. EFFECTIVE DATE.
  This Act shall take effect when the regulations issued under section 6
  take effect.