104550-104552
HEALTH AND SAFETY CODE
SECTION 104550-104552
104550. (a) Each manufacturer or importer of cigars shall place, or
cause to be placed, labels bearing one of the following warnings on
each retail package of cigars packaged for sale after September 1,
2000, and shipped for distribution in California:
"Warning: Cigars contain many of the same carcinogens found in
cigarettes, and cigars are not a safe substitute for smoking
cigarettes. This product contains chemicals known to the State of
California to cause cancer and birth defects and other reproductive
harm."
"Warning: Smoking cigars regularly poses risks of cancer of the
mouth, throat, larynx, and esophagus similar to smoking cigarettes.
This product contains chemicals known to the State of California to
cause cancer and birth defects and other reproductive harm."
"Warning: Smoking cigars causes lung cancer, heart disease, and
emphysema, and may complicate pregnancy. This product contains
chemicals known to the State of California to cause cancer and birth
defects and other reproductive harm."
(b) Commencing September 1, 2000, retail packages of cigars
bearing the labels required by subdivision (a) shall be introduced in
the distribution chain by the manufacturer or importer so that
approximately equal numbers of retail packages of each brand of
cigars will bear each of the labels required by subdivision (a)
during each 12-month period, subject to any practical limitations of
the printing equipment used by the manufacturer or importer or other
similar conditions.
(c) For purposes of this article, "cigar" means any roll of
tobacco wrapped in leaf tobacco or in any substance containing
tobacco, but shall not include any roll of tobacco wrapped in any
substance which, because of its appearance, the type of tobacco used
in the filler, or its packaging and labeling, is likely to be offered
to, or purchased by, consumers as a cigarette.
(d) The labels required in subdivision (a) shall appear on the
outside surface of retail packages in which cigars are sold or on the
cellophane overwrap of the packages and shall be displayed in a
clear and reasonable manner so that all letters in the label appear
in conspicuous and legible type in contrast by typography, layout, or
color with all other printed material on the package. Display boxes
or containers used to sell individual cigars are required to bear a
warning label so that the warning can ordinarily be read by retail
customers removing products from that box or container. Labels
required by subdivision (a) may be preprinted, at the discretion of
the manufacturer or importer, if firmly attached to the retail
package or cellophane overwrap in such a way that the surface of the
label is destroyed before the label can be removed from the package
or overwrap.
(e) As used in this section, "retail package" means a pack, box,
carton, pouch, or container of any kind in which cigars are offered
for sale, sold, or otherwise distributed to consumers but does not
include cellophane wrappers, tubes, or similar wrappings in which
individual cigars are sold, and does not include shipping cartons or
other containers not normally purchased by consumers.
(f) The warnings required by this section shall supersede the
required warning language as stipulated by the parties in People of
the State of California, ex rel. John Van DeKamp v. Safeway Stores,
Inc., et al., San Francisco Superior Court No. 897576. It is the
intent of the Legislature that the enactment of this section shall
not affect the litigation in People of the State of California, et
al. v. General Cigar Company, et al., San Francisco Superior Court
No. 996780; People of the State of California and American
Environmental Safety Institute v. Phillip Morris, Inc., et al., Los
Angeles Superior Court No. BC194217; and People of the State of
California, et al. v. Tobacco Exporters International (USA), Ltd., et
al., San Francisco Superior Court No. 301631.
(g) Any person who violates subdivision (a) shall be liable for a
civil penalty not to exceed two thousand five hundred dollars
($2,500) per day for each violation in addition to any other penalty
established by law. A civil penalty may be assessed and recovered in
a civil action brought in any court of competent jurisdiction.
(h) Actions pursuant to this section may be brought by the
Attorney General in the name of the people of the State of
California, by any district attorney, by any city attorney of a city
having a population in excess of 750,000 people and with the consent
of the district attorney, by a city prosecutor in any city or city
and county having a full-time city prosecutor.
104551. For purposes of this article, "manufacturer" means any
person, including any repacker or relabeler, who manufactures,
fabricates, assembles, processes, or labels a finished cigar.
104552. To the extent this article conflicts with any federal
provision enacted subsequent to the effective date of this article
that requires cigar manufacturers and importers to provide warning
labels on cigars, those federal provisions shall supersede the
provisions of this article.