Good afternoon, Mr. Chairman and Members of the Subcommittee. I am pleased to appear before you today to discuss S. 1233, the "Product Packaging Protection Act of 2001." This bill would provide criminal penalties for the unauthorized insertion of written material into consumer products and the packaging of consumer products, prior to the sale of the items. Consumers in places as far apart as New Jersey and Washington state have had the unsettling experience of opening products, such as boxes of cereal, that appear untampered with and finding that obscene, racist or other offensive material has been surreptitiously placed inside. For example, a few years ago there was a report of over numerous complaints about racist messages appearing in ice cream cups and cracker boxes. In cases such as these, young children have been exposed to offensive messages, and their parents have had no opportunity to protect them. Existing federal law does not address this nationwide problem.
Currently, the primary tool for attacking product tampering is Section 1365 of Title 18 of the United States Code, the Federal Anti-Tampering Act. That law makes it a crime to tamper with consumer products, including the packaging and labeling of such products, where the perpetrator acts with reckless disregard for, or indifference to, the

risk that another person will suffer death or bodily injury. This law was the result of the well-known Tylenol tampering incident in 1982, which resulted in seven deaths. There have been several federal prosecutions under this law since its enactment.
Under the Federal Anti-Tampering Act, it is also a crime to taint a consumer product or render its labeling or container false or misleading with the intent to damage a business. This section of the law focuses on the intent to cause damage to a business, regardless of whether the perpetrator has any intent to cause injury or harm to the individual who buys and/or uses the product. Again, however, the section only criminalizes activity that actually taints a product, its labeling, or its container.
The bill you are now considering would supplement the existing statute by providing criminal penalties for product tampering that takes the form of inserting written material into packages without the approval of the manufacturer, retailer, or authorized distributor, even if the the product contained within the package is not adulterated. Although we do not have fully comprehensive statistics available, we do know that a number of product manufacturers have experienced complaints concerning the unauthorized insertion of written material into the packaging of their products. Even when the act of inserting such material does not involve an adulteration of the product contained within the package, it clearly raises questions in the minds of consumers concerning the integrity of the product that they are about to use or consume. Thus, the

result of this activity is harm to both businesses and consumers, who are exposed to unwanted, and often shocking, materials.
S. 1233 would prohibit the placing of "any" writing inside consumer products before the sale of such a product. It is thus a content-neutral regulation that does not discriminate among categories of speech. It is targeted toward the real problem businesses and consumers face when someone places unauthorized, hidden materials into a consumer product.
As a technical matter, other federal statutes (e.g.,18 U.S.C. § 2332b(g)(3)) cross reference the definition of "serious bodily injury" contained in what is now section1365(g)(3). Because S. 1233 would redesignate subsection (g) of 18 U.S.C. § 1365 as subsection (h), a conforming amendment should be made to 18 U.S.C. § 2332b(g)(3) and any other statute that cross references section 1365(g)(3).
In conclusion, the right of free expression available to all Americans under the First Amendment of the Constitution affords our citizens ample opportunity to express their views. It is inappropriate that consumer products be used as the unauthorized vehicle for conveying beliefs or illicit messages. The rights of manufacturers to market their products without interference and the need of consumers to be free from doubts concerning the integrity of the products they have purchased must be protected.
Mr. Chairman, thank you for giving the Department the opportunity to express its views on this legislation. We would be pleased to discuss this proposal with you and with other federal agencies that might be affected by its enactment, such as the Food and Drug Administration, in greater detail. I would be happy to answer any questions you may have.