THE SENATE	S.C.R. NO.	69
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 1
STATE OF HAWAII		Proposed

SENATE CONCURRENT

RESOLUTION

encouraging the united states congress to enact legislation regulating the sale and marketing of tobacco products.

     WHEREAS, tobacco companies have launched an array of smoking products and marketing initiatives in an attempt to hold market share in the face of declining tobacco sales; and

     WHEREAS, at least one new product, "purse packs" of ultra slim or super slim cigarettes that are packaged in pink and teal colored boxes approximately the size of a lipstick tube, are clearly designed to appeal to teenage girls; and

     WHEREAS, according to The American Cancer Society, Cancer Action Network, American Heart Association, American Lung Association, American Medical Association, the Campaign for Tobacco-Free Kids, and two-dozen other health and women's groups, the marketing of "purse packs" demonstrate that tobacco manufacturers show contempt for women and their health by putting a pink gloss on a product that causes lung cancer and heart disease which are two of the leading killers of women in this country; and

     WHEREAS, the Federal Cigarette Labeling and Advertising Act (FCLA), 15 United States Code section 1334, provides that "no requirement or prohibition based on smoking and health shall be imposed under State law with respect to the advertising and promotion of any cigarettes the packages of which are labeled in conformity with the provisions of this Act," thereby preempting state regulation; and

     WHEREAS, currently pending federal regulation, including the Family Smoking Prevention and Tobacco Control Act, H.R. 1256, would allow the federal Food and Drug Administration to regulate the marketing, branding, and sale of cigarettes and other tobacco products, which would likely preempt any attempts by the Legislature to regulate the same; and

     WHEREAS, the State of Hawaii has an interest in encouraging restrictions on the marketing, branding, and sale of cigarettes and other tobacco products in order to promote the health, safety, and welfare of Hawaii's residents; now, therefore,

     BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the House of Representatives concurring, that the United States Congress is respectfully requested and encouraged to pass the Family Smoking Prevention and Tobacco Control Act or other similar legislation to restrict the marketing, promotion, and sale of tobacco products in the United States; and

     BE IT FURTHER RESOLVED that the Congress is respectfully requested to include a prohibition on the sale of "purse packs," ultra slim, or super slim cigarettes as a means of addressing the marketing of cigarettes towards teenage girls; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Speaker of the United States House of Representatives, Majority Leader of the United States Senate, and the members of Hawaii's congressional delegation.

Report Title: 

Tobacco Regulation