Family Smoking Prevention and Tobacco Control Act
Latest action · Jun 18, 2004 Referred to the Subcommittee on Health.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMay 20, 2004
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
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.
Cosponsors 84
Members who signed on, in the order they did. Signatures ran from May 20, 2004 to Nov 17, 2004; 3 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-CA | Henry A. Waxman | Original | May 20, 2004 |
| D-MA | Martin T. Meehan | Original | May 20, 2004 |
| R-PA | Todd Russell Platts | Original | May 20, 2004 |
| R-CT | Christopher Shays | Jun 4, 2004 | |
| D-IL | Danny K. Davis | Jun 4, 2004 | |
| D-NY | Edolphus Towns | Jun 4, 2004 | |
| R-WA | George R. Nethercutt Jr. | Jun 4, 2004 | |
| R-MO | Jo Ann Emerson | Jun 4, 2004 | |
| D-FL | Kendrick B. Meek | Jun 4, 2004 | |
| R-NE | Lee Terry | Jun 4, 2004 | |
| R-IL | Mark Kirk | Jun 4, 2004 | |
| D-LA | William J. Jefferson | Jun 4, 2004 | |
| D-MA | Barney Frank | Jun 23, 2004 | |
| D-MS | Bennie G. Thompson | Jun 23, 2004 | |
| D-GA | Denise L. Majette | Jun 23, 2004 | |
| D-NY | Gregory W. Meeks | Jun 23, 2004 | |
| R-IA | James A. Leach | Jun 23, 2004 | |
| D-WA | Rick Larsen | Jun 23, 2004 | |
| R-NY | Sue W. Kelly | Jun 23, 2004 | |
| R-MI | Candice S. Miller | Jun 24, 2004 | |
| D-WA | Adam Smith | Jul 20, 2004 | |
| R-NJ | Christopher H. Smith | Jul 20, 2004 | |
| D-IL | Janice D. Schakowsky | Jul 20, 2004 | |
| R-NJ | Mike Ferguson | Jul 20, 2004 | |
| R-OH | Patrick J. Tiberi | Jul 20, 2004 | |
| R-OH | Steven C. LaTourette | Jul 20, 2004 | |
| D-MD | Chris Van Hollen | Jul 21, 2004 | |
| D-VA | James P. Moran | Jul 22, 2004 | |
| R-DE | Michael N. Castle | Jul 22, 2004 | |
| R-CA | Christopher Cox | Sep 7, 2004 | |
| R-VA | Edward L. Schrock | Sep 7, 2004 | |
| R-MN | Jim Ramstad | Sep 7, 2004 | |
| R-NJ | Rodney P. Frelinghuysen | Sep 7, 2004 | |
| D-NJ | Steven R. Rothman | Sep 7, 2004 | |
| D-ME | Thomas H. Allen | Sep 7, 2004 | |
| D-WA | Brian Baird | Sep 9, 2004 | |
| R-IN | Dan Burton | Sep 9, 2004 | |
| R-OH | Deborah Pryce | Sep 9, 2004 | |
| D-MO | Karen McCarthy | Sep 9, 2004 | |
| D-FL | Allen Boyd | Sep 14, 2004 | |
| D-CA | Barbara Lee | Sep 14, 2004 | |
| D-MD | Elijah E. Cummings | Sep 14, 2004 | |
| R-NY | Peter T. King | Sep 14, 2004 | |
| D-MD | Albert Russell Wynn | Sep 23, 2004 | |
| R-CO | Bob Beauprez | Sep 23, 2004 | |
| D-CA | Brad Sherman | Sep 23, 2004 | |
| D-VI | Donna M. Christensen | Sep 23, 2004 | |
| R-FL | E. Clay Shaw Jr. | Sep 23, 2004 | |
| R-NY | Jack Quinn | Sep 23, 2004 | |
| D-WA | Jim McDermott | Sep 23, 2004 | |
| R-FL | Lincoln Diaz-Balart | Sep 23, 2004 | |
| D-CA | Lois Capps | Sep 23, 2004 | |
| D-CA | Loretta Sanchez | Sep 23, 2004 | |
| R-FL | Mark Foley | Sep 23, 2004 | |
| R-CO | Scott McInnis | Sep 23, 2004 | |
| D-OH | Stephanie Tubbs Jones | Sep 23, 2004 | |
| R-NY | Amo Houghton | Sep 28, 2004 | |
| D-CA | Grace F. Napolitano | Sep 28, 2004 | |
| R-NY | Sherwood Boehlert | Sep 28, 2004 | |
| D-CA | Bob Filner | Oct 5, 2004 | |
| D-NY | Carolyn B. Maloney | Oct 5, 2004 | |
| D-TX | Ciro D. Rodriguez | Oct 5, 2004 | |
| R-FL | Ginny Brown-Waite | Oct 5, 2004 | |
| D-CA | Hilda L. Solis | Oct 5, 2004 | |
| D-SC | James E. Clyburn | Oct 5, 2004 | |
| R-IL | Jerry Weller | Oct 5, 2004 | |
| R-NY | John E. Sweeney | Oct 5, 2004 | |
| D-SC | John M. Spratt, Jr. | Oct 5, 2004 | |
| D-NY | Major R. Owens | Oct 5, 2004 | |
| D-NY | Maurice D. Hinchey | Oct 5, 2004 | |
| D-ME | Michael H. Michaud | Oct 5, 2004 | |
| D-NY | Michael R. McNulty | Oct 5, 2004 | |
| D-MI | Carolyn C. Kilpatrick | Oct 7, 2004 | |
| D-NJ | Robert E. Andrews | Oct 7, 2004 | |
| D-CA | Sam Farr | Oct 7, 2004 | |
| D-CA | Tom Lantos | Oct 7, 2004 | |
| D-IL | Bobby L. Rush | Oct 8, 2004 | |
| D-NY | Jerrold Nadler | Oct 8, 2004 | |
| D-HI | Neil Abercrombie | Oct 8, 2004 | |
| D-VA | Robert C. "Bobby" Scott | Oct 8, 2004 | |
| D-OR | Earl Blumenauer | Nov 17, 2004 | |
| R-IL | Henry J. Hyde | Nov 17, 2004 | |
| D-IL | Jesse L. Jackson, Jr. | Nov 17, 2004 | |
| D-CA | Zoe Lofgren | Nov 17, 2004 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Energy and Commerce Committee | Referred May 20, 2004 |
| Health Subcommittee | Referred Jun 18, 2004 |
Actions 3
Everything that happened, newest first.
- Jun 18, 2004Referred to the Subcommittee on Health.
- May 20, 2004Introduced in House
- May 20, 2004Referred to the House Committee on Energy and Commerce.
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
CRS reports 1
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
About this bill 1
Products that name it in their title: its number, its law number or one of its short titles.
| Product | Title | Kind | Published |
|---|---|---|---|
| R40475 | FDA Tobacco Regulation: The Family Smoking Prevention and Tobacco Control Act of 2009 Archived | Report | May 28, 2009 |
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 2461 | Family Smoking Prevention and Tobacco Control Act | Related bill | May 20, 2004 |
| S 2974 | Family Smoking Prevention and Tobacco Control Act | Related bill | Oct 10, 2004 |
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products.
- Short Titles as Introduced
- Family Smoking Prevention and Tobacco Control Act
Subjects
Assigned by the Library of Congress. Policy area: Health.
- Administrative procedure
- Administrative remedies
- Advertising
- Agriculture and Food
- Business records
- Carcinogens
- Chemicals
- Cigarettes
- Civil Rights and Liberties, Minority Issues
- Commerce
- Congress
- Congressional investigations
- Congressional oversight
- Congressional powers
- Congressional reporting requirements
- Consumer education
- Crime and Law Enforcement
- Damages
- Deceptive advertising
- Defective products
- Department of Health and Human Services
- Disciplining of employees
- Drug abuse
- Drug abuse treatment
- Drug adulteration
- Drug approvals
- Economics and Public Finance
- Environmental Protection
- Exports
- Families
- Federal advisory bodies
- Federal preemption
- Federal Trade Commission
- Fines (Penalties)
- Food and Drug Administration (FDA)
- Foreign Trade and International Finance
- Freedom of information
- Government Operations and Politics
- Government paperwork
- Government publicity
- Health
- Health warnings
- Herbs
- Identification devices
- Imports
- Independent regulatory commissions
- Intellectual property
- Judicial review
- Labeling
- Labor and Employment
- Law
- Liability (Law)
- Licenses
- Local laws
- Marketing
- Medical ethics
- Medical records
- Medical research
- Mortality
- New products
- Nicotine
- Packaging
- Patients' rights
- Pesticide residues
- Product counterfeiting
- Product safety
- Public health
- Public service advertising
- Quality control
- Research and development
- Restrictive trade practices
- Retail trade
- Right of privacy
- Risk
- Sales promotion
- Science, Technology, Communications
- Smokeless tobacco
- Smoking
- Smoking and youth
- Smuggling
- Spices
- Standards
- State laws
- Storage
- Surveys
- Tax returns
- Taxation
- Technological innovations
- Tobacco
- Tobacco industry
- Tobacco research
- Trade regulation
- Trademarks
- User charges
- Warning labels
Text 1
Each version as it was printed, newest first.
- May 20, 2004Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.