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Family Smoking Prevention and Tobacco Control Act

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S3037-3053)

Official summary

Version 00 · Introduced in Senate · Mar 17, 2005

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.

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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.

Read the summary on Congress.gov
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Who introduced it

Sen. DeWine, Mike [R-OH] · R–OH

Committees

  • Health, Education, Labor, and Pensions Committee
28 cosponsorship records, including any withdrawals

Actions

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  1. Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S3037-3053)

  2. Sponsor introductory remarks on measure. (CR S3037)

  3. Introduced in Senate

Bill text & related measures

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Related bills identified by Congress.gov

Source last updated: Aug 15, 2025. Consult Congress.gov for the current record.

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