Tobacco Control and Health Protection Act

Tobacco Control and Health Protection Act - Makes it unlawful to manufacture, package, or distribute for sale any cigarettes or smokeless tobacco product unless its package bears one of specified warnings. Regulates the label format and requires rotation of the warning labels.

Requires the advertising for cigarettes and smokeless tobacco to bear one of the same list of warnings. Sets forth a separate list of warnings for use on billboards advertising cigarettes. Regulates the warning format and requires rotation of warnings.

Prohibits advertising any tobacco product on any medium of electronic communication subject to Federal Communications Commission regulation.

Prohibits, subject to exception, the use in advertising of a human or cartoon figure, tobacco trademark logo or symbol, or picture other than a single package on a neutral white background. Requires advertising print to be black on a white background. Prohibits: (1) advertising in conjunction with sports or near schools with students under 21 years of age; (2) free or reduced cost distribution; (3) publicly identified sponsorship of any athletic, music, artistic, or other event; (4) marketing of nontobacco products (including toys) bearing a tobacco trademark; (5) payment to have any tobacco product appear in any entertainment; or (6) payment to have any tobacco trademark appear on sporting equipment, including vehicles. Applies the prohibitions and requirements of this paragraph to advertising, promotion, and packaging of nontobacco products or services which: (1) are manufactured or marketed by a corporation which manufactures or distributes tobacco products, including related companies or licensees, or any person acting with the concurrence or acquiescence of such a corporation; and (2) bear the trademark of a tobacco product manufactured or sold by that corporation.

Prohibits packaging from containing a picture or human or cartoon figure unless the picture or figure appeared on the package for five consecutive years before January 1, 1989.

Prohibits advertising on any audio tape, audio disc, videotape, video arcade game, or film.

Prohibits advertisements and packaging from containing any representation regarding health or safety, including the level of or removal, reduction, or addition of ingredients, tar, nicotine, carbon monoxide, filters, or any other mechanism or device unless the Secretary of Health and Human Services determines that the representation is significant in terms of affecting health and safety and is based upon significant scientific agreement.

Prohibits any person from manufacturing, packaging, or distributing any tobacco product unless the person has provided the Secretary a list of all brands, with certain information about their constituents, and the label states the ingredients in descending order. Directs the Secretary to make the information public. Allows the Secretary, if the Secretary determines that any ingredient other than tobacco is unsafe or presents risks to health to the consumer or general public, to require that the levels of that ingredient be reduced or eliminated.

Allows the Secretary to require that the manufacturer, packager, or distributor of tobacco products provide consumers with additional information about the adverse effect of tobacco products.

Amends the Public Health Service Act to prohibit a State from receiving an allotment under alcohol and drug abuse and mental health services block grant provisions unless the State has in effect a law which: (1) prohibits sale of any tobacco product to any person under the age of 19; (2) requires a place to be licensed to sell any tobacco product; (3) meets other requirements. Authorizes the Secretary to suspend such block grant payments if the Secretary determines a State is not adequately enforcing the law.

Amends the Federal Food, Drug, and Cosmetic Act to deem a food misbranded if it is a confectionary or chewing gum in a form resembling cigarettes or other tobacco products.

Provides for enforcement of this Act, including through action by the Secretary, injunctions, civil actions by any interested organization, and civil monetary penalties.

Sets forth the authority of the Secretary with regard to: (1) research and public information on the effects of tobacco products on human health; (2) implementation of strategies for reducing the consumption of tobacco products; (3) coordination of activities inside the Department of Health and Human Services (HHS), within other Federal agencies, and within private agencies; and (4) liaison with public and private entities.

Directs the Secretary to establish a Center on Tobacco and Health to educate the public, support research, assist State and local law enforcement, and take other actions.

Establishes within the Center an Interagency Committee on Tobacco and Health to: (1) coordinate research and educational programs within HHS and coordinate those activities with other Federal and private agencies; and (2) maintain liaison with private and public entities.

Prohibits any Federal agency, or any State or local statute or regulation, from requiring any statement relating to tobacco and health, other than those required by this Act, to appear on any package or advertisement.

Declares that compliance with this Act, the Federal Cigarette Labeling and Advertising Act, or the Comprehensive Smokeless Tobacco Health Education Act of 1986 shall not relieve any person from liability to any other person at common law or under State statutory law. Repeals those Acts one year after enactment of this Act.