176 
alternating fashion under the plan submitted 
under subsection (b)(4). 
‘‘(B) HINGED LID BOXES.—For any ciga-
rette brand package manufactured or distrib-
uted before January 1, 2000, which employs a 
hinged lid style (if such packaging was used for 
that brand in commerce prior to June 21, 
1997), the label statement required by para-
graph (1) shall be located on the hinged lid 
area of the package, even if such area is less 
than 25 percent of the area of the front panel. 
Except as provided in this paragraph, the provi-
sions of this subsection shall apply to such 
packages. 
‘‘(3) DOES NOT APPLY TO FOREIGN DISTRIBU-
TION.—The provisions of this subsection do not 
apply to a tobacco product manufacturer or dis-
tributor 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 sub-
section for packaging that is supplied to the retailer 
by a tobacco product manufacturer, importer, or dis-
tributor and is not altered by the retailer in a way 
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177 
that is material to the requirements of this sub-
section except that this paragraph shall not relieve 
a retailer of liability if the retailer sells or distributes 
tobacco products that are not labeled in accordance 
with this subsection. 
‘‘(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 
advertised within the United States any cigarette 
unless its advertising bears, in accordance with the 
requirements of this section, one of the labels speci-
fied in subsection (a) of this section. 
‘‘(2) TYPOGRAPHY, ETC.—Each label statement 
required by subsection (a) of this section in cigarette 
advertising shall comply with the standards set forth 
in this paragraph. For press and poster advertise-
ments, each such statement and (where applicable) 
any required statement relating to tar, nicotine, or 
other constituent (including a smoke constituent) 
yield shall comprise at least 20 percent of the area 
of the advertisement and shall appear in a con-
spicuous and prominent format and location at the 
top of each advertisement within the trim area. The 
Secretary may revise the required type sizes in such 
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178 
area in such manner as the Secretary determines ap-
propriate. 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 paragraph (4) of this subsection. 
The label statements shall be enclosed by a rectan-
gular 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 ‘WARN-
ING’ in the label statements. The text of such label 
statements shall be in a typeface pro rata to the fol-
lowing 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 ad-
vertisement; 27-point type for a half-page tabloid 
newspaper advertisement; 31.5-point type for a dou-
ble page spread magazine or whole-page magazine 
advertisement; 22.5-point type for a 28 centimeter 
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 in the 
case of— 
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179 
‘‘(A) an advertisement that appears in a 
newspaper, magazine, periodical, or other publi-
cation that is not in English, the statements 
shall appear in the predominant language of the 
publication; and 
‘‘(B) in the case of any other advertise-
ment that is not in English, the statements 
shall appear in the same language as that prin-
cipally 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 state-
ment required by subsection (a) may be printed on 
the inside 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 
section or the text, format, and type sizes of any re-
quired tar, nicotine yield, or other constituent (in-
cluding smoke constituent) disclosures, or to estab-
lish the text, format, and type sizes for any other 
disclosures required under the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 301 et. seq.). The text 
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180 
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) of this subsection. The Secretary shall promul-
gate regulations which provide for adjustments in 
the format and type sizes of any text required to ap-
pear in such area to ensure that the total text re-
quired 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 
product and be randomly 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 re-
tailer and approved by the Secretary. 
‘‘(2) ROTATION.—The label statements speci-
fied in subsection (a)(1) shall be rotated quarterly in 
alternating sequence in advertisements for each 
brand of cigarettes in accordance with a plan sub-
mitted by the tobacco product manufacturer, im-
porter, distributor, or retailer to, and approved by, 
the Secretary. 
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181 
‘‘(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 paragraph shall not relieve a retailer of liability 
if the retailer displays, in a location open to the pub-
lic, an advertisement that is not labeled in accord-
ance with the requirements of this subsection and 
subsection (b).’’. 
SEC. 236. AUTHORITY TO REVISE CIGARETTE WARNING 
LABEL STATEMENTS. 
Section 4 of the Federal Cigarette Labeling and Ad-
vertising Act (15 U.S.C. 1333), as amended by section 
235, is further amended by adding at the end the fol-
lowing: 
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182 
‘‘(d) CHANGE
IN REQUIRED STATEMENTS.—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 re-
quired label area from 30 percent up to 50 percent of the 
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 (21 
U.S.C. 301 et seq.), if the Secretary finds that such a 
change would promote greater public understanding of the 
risks associated with the use of tobacco products.’’. 
SEC. 237. 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.’’. 
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183 
SEC. 238. SMOKELESS TOBACCO LABELS AND ADVERTISING 
WARNINGS. 
Section 3 of the Comprehensive Smokeless Tobacco 
Health Education Act of 1986 (15 U.S.C. 4402) is amend-
ed 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 
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 dis-
ease and tooth loss 
‘‘ ‘WARNING: This product is not a safe alter-
native to cigarettes 
‘‘ ‘WARNING: Smokeless tobacco is addictive’. 
‘‘(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 
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184 
‘‘(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 
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. 
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‘‘(5) A retailer of smokeless tobacco products 
shall not be in violation of this subsection for pack-
aging that is supplied to the retailer by a tobacco 
products manufacturer, importer, or distributor and 
that is not altered by the retailer unless the retailer 
offers for sale, sells, or distributes a smokeless to-
bacco product that is not labeled in accordance with 
this subsection. 
‘‘(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) Each label statement required by sub-
section (a) in smokeless tobacco advertising shall 
comply with the standards set forth in this para-
graph. For press and poster advertisements, each 
such statement and (where applicable) any required 
statement relating to tar, nicotine, or other con-
stituent yield shall— 
‘‘(A) comprise at least 20 percent of the 
area of the advertisement, and the warning area 
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186 
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 
appear 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). 
‘‘(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-
porter, distributor, or retailer to, and approved by, 
the Secretary. 
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‘‘(C) The Secretary shall review each plan sub-
mitted under subparagraph (B) and approve 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 is not labeled in accordance with the re-
quirements of this subsection. 
‘‘(c) TELEVISION AND RADIO ADVERTISING.—It is 
unlawful to advertise smokeless tobacco on any medium 
of electronic communications subject to the jurisdiction of 
the Federal Communications Commission.’’. 
SEC. 239. AUTHORITY TO REVISE SMOKELESS TOBACCO 
PRODUCT WARNING LABEL STATEMENTS. 
Section 3 of the Comprehensive Smokeless Tobacco 
Health Education Act of 1986 (15 U.S.C. 4402), as 
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188 
amended by section 237, is further amended by adding 
at the end the following: 
‘‘(d) AUTHORITY
TO REVISE WARNING LABEL 
STATEMENTS.—The Secretary may, by a rulemaking con-
ducted 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 (21 U.S.C. 301 et seq.), if the Secretary 
finds that such a change would promote greater public un-
derstanding of the risks associated with the use of smoke-
less tobacco products.’’. 
SEC. 240. TAR, NICOTINE, AND OTHER SMOKE CON-
STITUENT DISCLOSURE TO THE PUBLIC. 
Section 4(a) of the Federal Cigarette Labeling and 
Advertising Act (15 U.S.C. 1333 (a)), as amended by sec-
tion 235, is further amended by adding at the end the 
following: 
‘‘(4)(A) The Secretary shall, by a rulemaking 
conducted under section 553 of title 5, United 
States Code, determine (in the Secretary’s sole dis-
cretion) whether cigarette and other tobacco product 
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189 
manufacturers shall be required to include in the 
area of each cigarette advertisement specified by 
subsection (b) of this section, or on the package 
label, or both, the tar and nicotine yields of the ad-
vertised or packaged brand. Any such disclosure 
shall be in accordance with the methodology estab-
lished under such regulations, shall conform to the 
type size requirements of subsection (b) of this sec-
tion, and shall appear within the area specified in 
subsection (b) of this section. 
‘‘(B) Any differences between the requirements 
established by the Secretary under subparagraph (A) 
and tar and nicotine yield reporting requirements es-
tablished by the Federal Trade Commission shall be 
resolved by a memorandum of understanding be-
tween the Secretary and the Federal Trade Commis-
sion. 
‘‘(C) In addition to the disclosures required by 
subparagraph (A) of this paragraph, the Secretary 
may, under a rulemaking conducted under section 
553 of title 5, United States Code, prescribe disclo-
sure requirements regarding the level of any ciga-
rette or other tobacco product constituent including 
any smoke constituent. Any such disclosure may be 
required if the Secretary determines that disclosure 
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190 
would be of benefit to the public health, or otherwise 
would increase consumer awareness of the health 
consequences of the use of tobacco products, except 
that no such prescribed disclosure shall be required 
on the face of any cigarette package or advertise-
ment. Nothing in this section shall prohibit the Sec-
retary from requiring such prescribed disclosure 
through a cigarette or other tobacco product pack-
age or advertisement insert, or by any other means 
under the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 301 et seq.). 
‘‘(D) This paragraph applies to a retailer only 
if that retailer is responsible for or directs the label 
statements required under this section, except that 
this paragraph shall not relieve a retailer of liability 
if the retailer sells or distributes tobacco products 
that are not labeled in accordance with the require-
ments of this subsection.’’. 
PART III—PREVENTION OF ILLICIT TRADE IN 
TOBACCO PRODUCTS 
SEC. 241. LABELING, RECORDKEEPING, RECORDS INSPEC-
TION. 
Chapter IX of the Federal Food, Drug, and Cosmetic 
Act, as added by section 231, is further amended by add-
ing at the end the following: 
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191 
‘‘SEC. 921. LABELING, RECORDKEEPING, RECORDS INSPEC-
TION. 
‘‘(a) ORIGIN LABELING.—The label, packaging, and 
shipping containers of tobacco products for introduction 
or delivery for introduction into interstate commerce in the 
United States shall bear the statement ‘sale only allowed 
in the United States.’ 
‘‘(b) REGULATIONS CONCERNING RECORDKEEPING 
FOR TRACKING AND TRACING.— 
‘‘(1) IN GENERAL.—Not later than 9 months 
after the date of enactment of the Family Smoking 
Prevention and Tobacco Control Act, the Secretary 
shall promulgate regulations regarding the establish-
ment and maintenance of records by any person who 
manufactures, processes, transports, distributes, re-
ceives, packages, 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. 
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192 
‘‘(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. 
‘‘(5) RECORDKEEPING
BY
RETAILERS.—The 
Secretary shall not require any retailer to maintain 
records relating to individual purchasers of tobacco 
products for personal consumption. 
‘‘(c) RECORDS INSPECTION.—If the Secretary has a 
reasonable belief that a tobacco product is part of an illicit 
trade or smuggling or is a counterfeit product, each person 
who manufactures, processes, transports, distributes, re-
ceives, holds, packages, exports, or imports tobacco prod-
ucts shall, at the request of an officer or employee duly 
designated by the Secretary, permit such officer or em-
ployee, at reasonable times and within reasonable limits 
and in a reasonable manner, upon the presentation of ap-
propriate credentials and a written notice to such person, 
to have access to and copy all records (including financial 
records) relating to such article that are needed to assist 
the Secretary in investigating potential illicit trade, smug-
gling or counterfeiting of tobacco products. 
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