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 —
Definitions
As used in this Act —
Labeling
It shall be unlawful for any person to manufacture, import, or package for sale or distribution within the United States any cigarettes the package of which fails to bear the following statement: Such statement shall be located in a conspicuous place on every cigarette package and shall appear in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the package.
Preemption
Criminal Penalty
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and shall on conviction thereof subject to a fine of not more than $100,000.
Packages of cigarettes manufactured, imported, or packaged —
Separability
If any provision of this Act or the application thereof to any person or circumstances is held invalid, the other provisions of this Act and the application of such provision to other persons or circumstances shall not be affected thereby.
The provisions of this Act which affect the regulation of advertising shall terminate on July 1, 1969, but such termination shall not be construed as limiting, expanding, or otherwise affecting the jurisdiction or authority which the Federal Trade Commission or any other Federal agency had prior to the date of enactment of this Act.
Historical context
The U.S. Surgeon General issued a detailed report saying that cigarette smoking was a health hazard on January 11, 1964. In June 1964, the Federal Trade Commission 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 fought back with an aggressive lobbying effort on Capitol Hill and a public relations campaign that included brochures such as "Tobacco—a vital U.S. Industry," stressing the economic importance of the industry and its contributions to federal revenues. S. 559 was introduced in the Senate on January 15, 1965, by Senator Warren G. Magnuson, 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 introduced H.R. 3014 in the House. 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.
