168 
in an alternating fashion under the plan submitted 
under subsection (c). 
‘‘(3) DOES NOT APPLY TO FOREIGN DISTRIBU-
TION.—The provisions of this subsection do not apply 
to a tobacco product manufacturer or distributor of 
cigarettes which does not manufacture, package, or 
import cigarettes for sale or distribution within the 
United States. 
‘‘(4) APPLICABILITY TO RETAILERS.—A retailer 
of cigarettes shall not be in violation of this subsection 
for packaging that— 
‘‘(A) contains a warning label; 
‘‘(B) is supplied to the retailer by a license- 
or permit-holding tobacco product manufacturer, 
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) ADVERTISING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—It shall be unlawful for any 
tobacco product manufacturer, importer, distributor, 
or retailer of cigarettes to advertise or cause to be ad-
vertised within the United States any cigarette unless 
its advertising bears, in accordance with the require-
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ments of this section, one of the labels specified in 
subsection (a). 
‘‘(2) TYPOGRAPHY, ETC.—Each label statement 
required by subsection (a) in cigarette advertising 
shall comply with the standards set forth in this 
paragraph. For press and poster advertisements, each 
such statement and (where applicable) any required 
statement relating to tar, nicotine, or other con-
stituent (including a smoke constituent) yield shall 
comprise at least 20 percent of the area of the adver-
tisement and shall appear in a conspicuous and 
prominent format and location at the top of each ad-
vertisement within the trim area. The Secretary may 
revise the required type sizes in such area in such 
manner as the Secretary determines appropriate. The 
word ‘WARNING’ shall appear in capital letters, and 
each label statement shall appear in conspicuous and 
legible type. The text of the label statement shall be 
black if the background is white and white if the 
background is black, under the plan submitted under 
subsection (c). 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. The text of such 
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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 advertise-
ment; 39-point type for a whole-page tabloid news-
paper advertisement; 27-point type for a half-page 
tabloid newspaper advertisement; 31.5-point type for 
a double page spread magazine or whole-page maga-
zine advertisement; 22.5-point type for a 28 centi-
meter by 3 column advertisement; and 15-point type 
for a 20 centimeter by 2 column advertisement. The 
label statements shall be in English, except that— 
‘‘(A) 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 
‘‘(B) 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) 
MATCHBOOKS.—Notwithstanding 
para-
graph (2), for matchbooks (defined as containing not 
more than 20 matches) customarily given away with 
the purchase of tobacco products, each label statement 
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required by subsection (a) may be printed on the in-
side cover of the matchbook. 
‘‘(4) ADJUSTMENT
BY
SECRETARY.—The Sec-
retary may, through a rulemaking under section 553 
of title 5, United States Code, adjust the format and 
type sizes for the label statements required by this sec-
tion; the text, format, and type sizes of any required 
tar, nicotine yield, or other constituent (including 
smoke constituent) disclosures; or the text, format, 
and type sizes for any other disclosures required 
under the Federal Food, Drug, and Cosmetic Act. The 
text of any such label statements or disclosures shall 
be required to appear only within the 20 percent area 
of cigarette advertisements provided by paragraph 
(2). The Secretary shall promulgate regulations which 
provide for adjustments in the format and type sizes 
of any text required to appear in such area to ensure 
that the total text required to appear by law will fit 
within such area. 
‘‘(c) MARKETING REQUIREMENTS.— 
‘‘(1) RANDOM
DISPLAY.—The label statements 
specified in subsection (a)(1) shall be randomly dis-
played in each 12-month period, in as equal a num-
ber of times as is possible on each brand of the prod-
uct and be randomly distributed in all areas of the 
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United States in which the product is marketed in ac-
cordance with a plan submitted by the tobacco prod-
uct manufacturer, importer, distributor, or retailer 
and approved by the Secretary. 
‘‘(2) ROTATION.—The label statements specified 
in subsection (a)(1) shall be rotated quarterly in al-
ternating sequence in advertisements for each brand 
of cigarettes in accordance with a plan submitted by 
the tobacco product manufacturer, importer, dis-
tributor, or retailer to, and approved by, the Sec-
retary. 
‘‘(3) REVIEW.—The Secretary shall review each 
plan submitted under paragraph (2) and approve it 
if the plan— 
‘‘(A) will provide for the equal distribution 
and display on packaging and the rotation re-
quired in advertising under this subsection; and 
‘‘(B) 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. 
‘‘(4) APPLICABILITY TO RETAILERS.—This sub-
section and subsection (b) apply to a retailer only if 
that retailer is responsible for or directs the label 
statements required under this section except that this 
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paragraph shall not relieve a retailer of liability if 
the retailer displays, in a location open to the public, 
an advertisement 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 and 
subsection (b).’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
title to section 4 of the Federal Cigarette Labeling and Ad-
vertising Act (15 U.S.C. 1333) shall take effect on the date 
that is 1 year after the date of enactment of this Act. 
SEC. 202. AUTHORITY TO REVISE CIGARETTE WARNING 
LABEL STATEMENTS. 
Section 4 of the Federal Cigarette Labeling and Adver-
tising Act (15 U.S.C. 1333), as amended by section 201, 
is further amended by adding at the end the following: 
‘‘(d) CHANGE IN REQUIRED STATEMENTS.—The Sec-
retary may, by a rulemaking conducted under section 553 
of title 5, United States Code, adjust the format, type size, 
and text of any of the label requirements, require color 
graphics to accompany the text, increase the required label 
area from 30 percent up to 50 percent of the front and rear 
panels of the package, or establish the format, type size, and 
text of any other disclosures required under the Federal 
Food, Drug, and Cosmetic Act, if the Secretary finds that 
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such a change would promote greater public understanding 
of the risks associated with the use of tobacco products.’’. 
SEC. 203. STATE REGULATION OF CIGARETTE ADVERTISING 
AND PROMOTION. 
Section 5 of the Federal Cigarette Labeling and Adver-
tising 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 regula-
tions, 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 restrictions 
on the time, place, and manner, but not content, of the ad-
vertising 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.— 
‘‘(1) It shall be unlawful for any person to man-
ufacture, package, sell, offer to sell, distribute, or im-
port for sale or distribution within the United States 
any smokeless tobacco product unless the product 
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package bears, in accordance with the requirements 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 addictive. 
‘‘(2) Each label statement required by paragraph 
(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 manner 
that contrasts by typography, layout, or color, 
with all other printed material on the package, 
in an alternating fashion under the plan sub-
mitted under subsection (b)(3), except that if the 
text of a label statement would occupy more than 
70 percent of the area specified by subparagraph 
(A), such text may appear in a smaller type size, 
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so long as at least 60 percent of such warning 
area is occupied by the label statement. 
‘‘(3) The label statements required by paragraph 
(1) shall be introduced by each tobacco product manu-
facturer, packager, importer, distributor, or retailer of 
smokeless tobacco products concurrently into the dis-
tribution 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; 
‘‘(B) is supplied to the retailer by a license- 
or permit-holding tobacco product manufacturer, 
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.— 
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‘‘(1) It shall be unlawful for any tobacco product 
manufacturer, packager, importer, distributor, or re-
tailer 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) Each label statement required by subsection 
(a) in smokeless tobacco advertising shall comply with 
the standards set forth in this paragraph. For press 
and poster advertisements, each such statement and 
(where applicable) any required statement relating to 
tar, nicotine, or other constituent yield shall— 
‘‘(A) comprise at least 20 percent of the 
area of the advertisement, and the warning area 
shall be delineated by a dividing line of con-
trasting color from the advertisement; and 
‘‘(B) the word ‘WARNING’ shall appear in 
capital letters and each label statement shall ap-
pear in conspicuous and legible type. 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). 
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‘‘(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 manufacturer, 
importer, distributor, or retailer and approved by the 
Secretary. 
‘‘(B) The label statements specified in subsection 
(a)(1) shall be rotated quarterly in alternating se-
quence in advertisements for each brand of smokeless 
tobacco product in accordance with a plan submitted 
by the tobacco product manufacturer, importer, dis-
tributor, or retailer to, and approved by, the Sec-
retary. 
‘‘(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-
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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 statements 
required by this section; the text, format, and type 
sizes of any required tar, nicotine yield, or other con-
stituent disclosures; or the text, format, and type sizes 
for any other disclosures required under the Federal 
Food, Drug, and Cosmetic Act. The text of any such 
label statements or disclosures shall be required to ap-
pear only within the 20 percent area of advertise-
ments provided by paragraph (2). The Secretary shall 
promulgate regulations which provide for adjustments 
in the format and type sizes of any text required to 
appear in such area to ensure that the total text re-
quired to appear by law will fit within such area. 
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‘‘(c) TELEVISION AND RADIO ADVERTISING.—It is un-
lawful to advertise smokeless tobacco on any medium of elec-
tronic communications subject to the jurisdiction of the 
Federal Communications Commission.’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
title to section 3 of the Comprehensive Smokeless Tobacco 
Health Education Act of 1986 (15 U.S.C. 4402) shall take 
effect on the date that is 1 year after the date of enactment 
of this Act. 
SEC. 205. AUTHORITY TO REVISE SMOKELESS TOBACCO 
PRODUCT WARNING LABEL STATEMENTS. 
(a) IN GENERAL.—Section 3 of the Comprehensive 
Smokeless Tobacco Health Education Act of 1986 (15 
U.S.C. 4402), as amended by section 204, is further amend-
ed by adding at the end the following: 
‘‘(d) AUTHORITY TO REVISE WARNING LABEL STATE-
MENTS.—The Secretary may, by a rulemaking conducted 
under section 553 of title 5, United States Code, adjust the 
format, type size, and text of any of the label requirements, 
require color graphics to accompany the text, increase the 
required label area from 30 percent up to 50 percent of the 
front and rear panels of the package, or establish the format, 
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 un-
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derstanding of the risks associated with the use of smokeless 
tobacco products.’’. 
(b) PREEMPTION.—Section 7(a) of the Comprehensive 
Smokeless Tobacco Health Education Act of 1986 (15 
U.S.C. 4406(a)) is amended by striking ‘‘No’’ and inserting 
‘‘Except as provided in the Family Smoking Prevention 
and Tobacco Control Act (and the amendments made by 
that Act), no’’. 
SEC. 206. TAR, NICOTINE, AND OTHER SMOKE CON-
STITUENT DISCLOSURE TO THE PUBLIC. 
Section 4 of the Federal Cigarette Labeling and Adver-
tising Act (15 U.S.C. 1333), as amended by sections 201 
and 202, is further amended by adding at the end the fol-
lowing: 
‘‘(e) TAR, NICOTINE, AND
OTHER
SMOKE
CON-
STITUENT DISCLOSURE.— 
‘‘(1) IN GENERAL.—The Secretary shall, by a 
rulemaking conducted under section 553 of title 5, 
United States Code, determine (in the Secretary’s sole 
discretion) whether cigarette and other tobacco prod-
uct manufacturers shall be required to include in the 
area of each cigarette advertisement specified by sub-
section (b) of this section, or on the package label, or 
both, the tar and nicotine yields of the advertised or 
packaged brand. Any such disclosure shall be in ac-
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cordance with the methodology established under such 
regulations, shall conform to the type size require-
ments of subsection (b) of this section, and shall ap-
pear within the area specified in subsection (b) of this 
section. 
‘‘(2) RESOLUTION OF DIFFERENCES.—Any dif-
ferences between the requirements established by the 
Secretary under paragraph (1) and tar and nicotine 
yield reporting requirements established by the Fed-
eral Trade Commission shall be resolved by a memo-
randum of understanding between the Secretary and 
the Federal Trade Commission. 
‘‘(3) CIGARETTE AND OTHER TOBACCO PRODUCT 
CONSTITUENTS.—In addition to the disclosures re-
quired by paragraph (1), the Secretary may, under a 
rulemaking conducted under section 553 of title 5, 
United States Code, prescribe disclosure requirements 
regarding the level of any cigarette or other tobacco 
product constituent including any smoke constituent. 
Any such disclosure may be required if the Secretary 
determines that disclosure would be of benefit to the 
public health, or otherwise would increase consumer 
awareness of the health consequences of the use of to-
bacco products, except that no such prescribed disclo-
sure shall be required on the face of any cigarette 
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package or advertisement. Nothing in this section 
shall prohibit the Secretary from requiring such pre-
scribed disclosure through a cigarette or other tobacco 
product package or advertisement insert, or by any 
other means under the Federal Food, Drug, and Cos-
metic Act. 
‘‘(4) RETAILERS.—This subsection applies to a 
retailer only if that retailer is responsible for or di-
rects the label statements required under this sec-
tion.’’. 
TITLE III—PREVENTION OF IL-
LICIT 
TRADE 
IN 
TOBACCO 
PRODUCTS 
SEC. 301. LABELING, RECORDKEEPING, RECORDS INSPEC-
TION. 
Chapter IX of the Federal Food, Drug, and Cosmetic 
Act, as added by section 101, is further amended by adding 
at the end the following: 
‘‘SEC. 920. LABELING, RECORDKEEPING, RECORDS INSPEC-
TION. 
‘‘(a) ORIGIN LABELING.—Beginning 1 year after the 
date of enactment of the Family Smoking Prevention and 
Tobacco Control Act, the label, packaging, and shipping 
containers of tobacco products for introduction or delivery 
for introduction into interstate commerce in the United 
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States shall bear the statement ‘sale only allowed in the 
United States’. 
‘‘(b) REGULATIONS
CONCERNING
RECORDKEEPING 
FOR TRACKING AND TRACING.— 
‘‘(1) IN GENERAL.—The Secretary shall promul-
gate regulations regarding the establishment and 
maintenance of records by any person who manufac-
tures, processes, transports, distributes, receives, pack-
ages, holds, exports, or imports tobacco products. 
‘‘(2) INSPECTION.—In promulgating the regula-
tions described in paragraph (1), the Secretary shall 
consider which records are needed for inspection to 
monitor the movement of tobacco products from the 
point of manufacture through distribution to retail 
outlets to assist in investigating potential illicit 
trade, smuggling, or counterfeiting of tobacco prod-
ucts. 
‘‘(3) CODES.—The Secretary may require codes 
on the labels of tobacco products or other designs or 
devices for the purpose of tracking or tracing the to-
bacco product through the distribution system. 
‘‘(4) SIZE OF BUSINESS.—The Secretary shall 
take into account the size of a business in promul-
gating regulations under this section. 
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