HOUSE BILL REPORT

HB 2557

BYRepresentatives Sprenkle, Prentice, Leonard, Wolfe, Fraser, Brooks, Moyer, Rust, Valle, Jesernig, May, Nelson, Locke, Cole, Morris, Phillips, Jacobsen, Dorn, Braddock, Rector, Pruitt, Inslee, Rasmussen and Brekke

Restricting promotional distribution of tobacco.

House Committe on Health Care

Majority Report:  Do pass.  (9)

      Signed by Representatives Braddock, Chair; Brooks, Ranking Republican Member; Cantwell, Chandler, Morris, Prentice, D. Sommers, Sprenkle and Wolfe.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Day, Vice Chair and Vekich.

House Staff:Antonio Sanchez (786-7383)

AS REPORTED BY COMMITTEE ON HEALTH CARE FEBRUARY 1, 1990

BACKGROUND:

The distribution, free of charge or a nominal cost, of cigarettes, cigars, and any other tobacco products intended for tobacco consumption, is not directly regulated by Washington state law.  The sale of individual cigarettes that lack both health warnings and do not bear revenue stamps is also permitted under current state law.

SUMMARY:

The distribution, free of charge or at a nominal cost,  of cigarettes, cigars, or any other tobacco products intended for tobacco consumption is illegal.  The sale of individual cigarettes or other tobacco products without a revenue stamp and the appropriate federally mandated health warnings is also illegal, except for stores specializing in the sale of tobacco products. Penalties for violation of this act are covered under unfair business practices consumer protection provisions.  These provisions include the ability of individuals or the state to sue for damages, with the cost of the suit not to exceed $10,000 dollars, including court costs and attorney's fees.

Fiscal Note:      Requested January 19, 1990.

House Committee ‑ Testified For:    Mike Ryherd, Tobacco Addiction Coordinating Council; Dr. Carl Allen; Tim DeLaney, American Lung Association of Washington.

House Committee - Testified Against:      Bill Fritz and David Remes, The Tobacco Institute.

House Committee - Testimony For:    Banning free samples of cigarettes and other tobacco products will be an important step towards preventing children from exposure to the harmful health effects related to smoking.

House Committee - Testimony Against:      Cigarette sampling is a form of cigarette advertising conducted under an industry code of ethics and is a generally recognized form of fair advertising.  There is no hard evidence that links cigarette advertising to increased smoking by high school seniors.