180 
front and rear panels of the package, or establish the for-
mat, type size, and text of any other disclosures required 
under the Federal Food, Drug, and Cosmetic Act, if the 
Secretary finds that such a change would promote greater 
public understanding of the risks associated with the use 
of tobacco products.’’. 
SEC. 203. STATE REGULATION OF CIGARETTE ADVER-
TISING AND PROMOTION. 
Section 5 of the Federal Cigarette Labeling and Ad-
vertising Act (15 U.S.C. 1334) is amended by adding at 
the end the following: 
‘‘(c) EXCEPTION.—Notwithstanding subsection (b), a 
State or locality may enact statutes and promulgate regu-
lations, based on smoking and health, that take effect 
after the effective date of the Family Smoking Prevention 
and Tobacco Control Act, imposing specific bans or re-
strictions on the time, place, and manner, but not content, 
of the advertising or promotion of any cigarettes.’’. 
SEC. 204. SMOKELESS TOBACCO LABELS AND ADVERTISING 
WARNINGS. 
(a) AMENDMENT.—Section 3 of the Comprehensive 
Smokeless Tobacco Health Education Act of 1986 (15 
U.S.C. 4402) is amended to read as follows: 
‘‘SEC. 3. SMOKELESS TOBACCO WARNING. 
‘‘(a) GENERAL RULE.—
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‘‘(1) It shall be unlawful for any person to man-
ufacture, package, sell, offer to sell, distribute, or 
import for sale or distribution within the United 
States any smokeless tobacco product unless the 
product package bears, in accordance with the re-
quirements of this Act, one of the following labels: 
‘‘WARNING: This product can cause 
mouth cancer. 
‘‘WARNING: This product can cause gum 
disease and tooth loss. 
‘‘WARNING: This product is not a safe al-
ternative to cigarettes. 
‘‘WARNING: Smokeless tobacco is addict-
ive. 
‘‘(2) Each label statement required by para-
graph (1) shall be— 
‘‘(A) located on the 2 principal display 
panels of the package, and each label statement 
shall comprise at least 30 percent of each such 
display panel; and 
‘‘(B) in 17-point conspicuous and legible 
type and in black text on a white background, 
or white text on a black background, in a man-
ner that contrasts by typography, layout, or 
color, with all other printed material on the
182 
package, in an alternating fashion under the 
plan submitted under subsection (b)(3), except 
that if the text of a label statement would oc-
cupy more than 70 percent of the area specified 
by subparagraph (A), such text may appear in 
a smaller type size, so long as at least 60 per-
cent of such warning area is occupied by the 
label statement. 
‘‘(3) The label statements required by para-
graph (1) shall be introduced by each tobacco prod-
uct manufacturer, packager, importer, distributor, or 
retailer of smokeless tobacco products concurrently 
into the distribution chain of such products. 
‘‘(4) The provisions of this subsection do not 
apply to a tobacco product manufacturer or dis-
tributor of any smokeless tobacco product that does 
not manufacture, package, or import smokeless to-
bacco products for sale or distribution within the 
United States. 
‘‘(5) A retailer of smokeless tobacco products 
shall not be in violation of this subsection for pack-
aging that— 
‘‘(A) contains a warning label;
183 
‘‘(B) is supplied to the retailer by a 
license- or permit-holding tobacco product man-
ufacturer, importer, or distributor; and 
‘‘(C) is not altered by the retailer in a way 
that is material to the requirements of this sub-
section. 
‘‘(b) REQUIRED LABELS.— 
‘‘(1) It shall be unlawful for any tobacco prod-
uct manufacturer, packager, importer, distributor, or 
retailer of smokeless tobacco products to advertise or 
cause to be advertised within the United States any 
smokeless tobacco product unless its advertising 
bears, in accordance with the requirements of this 
section, one of the labels specified in subsection (a). 
‘‘(2)(A) Each label statement required by sub-
section (a) in smokeless tobacco advertising shall 
comply with the standards set forth in this para-
graph. 
‘‘(B) For press and poster advertisements, each 
such statement and (where applicable) any required 
statement relating to tar, nicotine, or other con-
stituent yield shall comprise at least 20 percent of 
the area of the advertisement.
184 
‘‘(C) The word ‘WARNING’ shall appear in 
capital letters, and each label statement shall appear 
in conspicuous and legible type. 
‘‘(D) The text of the label statement shall be 
black on a white background, or white on a black 
background, in an alternating fashion under the 
plan submitted under paragraph (3). 
‘‘(E) The label statements shall be enclosed by 
a rectangular border that is the same color as the 
letters of the statements and that is the width of the 
first downstroke of the capital ‘W’ of the word 
‘WARNING’ in the label statements. 
‘‘(F) The text of such label statements shall be 
in a typeface pro rata to the following requirements: 
45-point type for a whole-page broadsheet newspaper 
advertisement; 
39-point 
type 
for 
a 
half-page 
broadsheet newspaper advertisement; 39-point type 
for a whole-page tabloid newspaper advertisement; 
27-point type for a half-page tabloid newspaper ad-
vertisement; 31.5-point type for a double page 
spread magazine or whole-page magazine advertise-
ment; 22.5-point type for a 28 centimeter by 3 col-
umn advertisement; and 15-point type for a 20 cen-
timeter by 2 column advertisement.
185 
‘‘(G) The label statements shall be in English, 
except that— 
‘‘(i) in the case of an advertisement that 
appears in a newspaper, magazine, periodical, 
or other publication that is not in English, the 
statements shall appear in the predominant lan-
guage of the publication; and 
‘‘(ii) in the case of any other advertisement 
that is not in English, the statements shall ap-
pear in the same language as that principally 
used in the advertisement. 
‘‘(3)(A) The label statements specified in sub-
section (a)(1) shall be randomly displayed in each 
12-month period, in as equal a number of times as 
is possible on each brand of the product and be ran-
domly distributed in all areas of the United States 
in which the product is marketed in accordance with 
a plan submitted by the tobacco product manufac-
turer, importer, distributor, or retailer and approved 
by the Secretary. 
‘‘(B) The label statements specified in sub-
section (a)(1) shall be rotated quarterly in alter-
nating sequence in advertisements for each brand of 
smokeless tobacco product in accordance with a plan 
submitted by the tobacco product manufacturer, im-
186 
porter, distributor, or retailer to, and approved by, 
the Secretary. 
‘‘(C) The Secretary shall review each plan sub-
mitted under subparagraphs (A) and (B) and ap-
prove it if the plan— 
‘‘(i) will provide for the equal distribution 
and display on packaging and the rotation re-
quired in advertising under this subsection; and 
‘‘(ii) assures that all of the labels required 
under this section will be displayed by the to-
bacco product manufacturer, importer, dis-
tributor, or retailer at the same time. 
‘‘(D) This paragraph applies to a retailer only 
if that retailer is responsible for or directs the label 
statements under this section, unless the retailer dis-
plays, in a location open to the public, an advertise-
ment that does not contain a warning label or has 
been altered by the retailer in a way that is material 
to the requirements of this subsection. 
‘‘(4) The Secretary may, through a rulemaking 
under section 553 of title 5, United States Code, ad-
just the format and type sizes for the label state-
ments required by this section; the text, format, and 
type sizes of any required tar, nicotine yield, or 
other constituent disclosures; or the text, format,