The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act relative to the marketing of light cigarettes and the effect on public health. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. The General Laws are hereby amended by inserting after Section 5
of Chapter 94F, as appearing in the 2004 Official Edition, the following
section:
Section 6. (a) A tobacco product manufacturer whose cigarettes are sold in the
Commonwealth, whether directly or through an intermediary, shall execute and
deliver to the Attorney General and to the Commissioner of the Department of
Public Health, in a form and manner prescribed by the Department of Public
Health, a certification under penalty of perjury containing the scientific
basis for each and every claim of reduction in risk made by the manufacturer
for each of its brand families or product members thereof. The scientific
basis provided in each such certification shall include a detailed description
of the analysis of each brand family or product members thereof, upon which the
manufacturer supports the related claim of reduction of risk.
(b) An claim of reduction in
risk that fails to demonstrate, based on reasonable scientific analysis of the
manufacturer or the Department of Public Health, a reduction in harm to users
of the brand family or product members thereof shall constitute an unfair or deceptive act or practice
under the provisions of chapter 93A, notwithstanding any contrary provision of
any other law of the commonwealth or any exemption provided by said chapter
93A. Manufacturers shall be afforded notice
and opportunity to comment prior to a final determination by Department of
Public Health under this subsection (b).
(c) For purposes of this section, the term “claim of reduction in risk” shall
mean any expressed or implied claim on behalf of the manufacturer that a
cigarette, as defined in Chapter 94E, (1) exposes the user to a reduced
quantity of one or more toxic or carcinogenic constituents, (2) emits fewer
particulates than other cigarettes, (3) may reduce the likelihood of one or
more adverse health effects or irritations associated with tobacco use or
exposure to tobacco smoke, (4) is a light or ultralight cigarette, and (5) is
in anyway safer or less addictive than other cigarettes.
(d) It shall be the duty of the Attorney General of the Commonwealth to
institute proceedings in the Superior Court to prevent and restrain violations
of this section when the Attorney General has reason to believe that any
tobacco manufacturer is engaging in a violation of this section. The Attorney
General shall bring an action to enjoin the manufacturer from engaging in a
violation of this section.
(e) Nothing in this section shall affect the rights of any person under section 9 of chapter 93A.