H. B. 2658


(By Delegates Manuel, C. White, Rowe,
Doyle, Douglas, Mahan and Fleischauer)
[Introduced February 4, 1999; referred to the
Committee on Health and Human Resources then the Judiciary.]


A BILL to amend and reenact section five, article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to banning the advertisement of tobacco products at, or sponsorship by tobacco interests for, any youth activity or event.

Be it enacted by the Legislature of West Virginia:
That section five, article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.

§16-9A-5. Outdoor billboard advertisements for smokeless tobacco products, nuisance affecting public health; banning sponsorship or advertisements by tobacco interests at youthful activities.

(a) Any outdoor billboard advertisement for snuff and chewing tobacco products must conspicuously display one of the following statements:
"WARNING: THIS PRODUCT MAY CAUSE MOUTH CANCER"
"WARNING: THIS PRODUCT MAY CAUSE GUM DISEASE AND TOOTH LOSS"
"WARNING: THIS PRODUCT IS NOT A SAFE ALTERNATIVE TO CIGARETTES"
The warnings shall be rotated every four months by the manufacturer, packager or importer of snuff and chewing tobacco products in an alternating sequence in the advertisement for each brand of such tobacco product. Such warning shall appear in the format and type style prescribed under 15 U.S.C. 1333 (b) (3), as amended.
No other warning, format or type style in any outdoor billboard advertisement shall be required by any state or local statute or regulation.
(b) Any outdoor billboard advertisement that does not conform to the provisions of this section shall be deemed a nuisance affecting the public health.
(c) No person on behalf of any tobacco company may sponsor or promote any event in which the primary activity upon which the event is based is an organized youth activity, if a requirement of the sponsorship or promotion, entails the publication, advertisement, dissemination or promotion of any tobacco product. No person may, regardless of sponsorship or promotion, in any way advertise a tobacco product at any such event. For the purposes of this section, "youth activity" means any organized activity or event involving the participation of one or more persons under the age of eighteen years in which other persons, regardless of age, are expected to attend or otherwise observe as spectators or interested parties. For the further purposes of this section, an organized youth activity is considered to be the primary activity upon which an event is based when fifty percent or more of the participants in the event are under the age of eighteen.




NOTE: The purpose of this bill is to ban sponsorship of events by tobacco interests in which organized youth activities comprise the primary focus of the event and to, otherwise, ban advertising of tobacco products at such events.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.