H. R. 1256—69 
in the label statements. 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 advertise-
ment; 39-point type for a half-page broadsheet newspaper 
advertisement; 39-point type for a whole-page tabloid news-
paper advertisement; 27-point type for a half-page tabloid news-
paper advertisement; 31.5-point type for a double 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— 
‘‘(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 language of the publication; and 
‘‘(B) in the case of any other advertisement that is 
not in English, the statements shall appear in the same 
language as that principally used in the advertisement. 
‘‘(3) MATCHBOOKS.—Notwithstanding paragraph (2), for 
matchbooks (defined as containing not more than 20 matches) 
customarily given away with the purchase of tobacco products, 
each label statement required by subsection (a) may be printed 
on the inside cover of the matchbook. 
‘‘(4) ADJUSTMENT
BY
SECRETARY.—The Secretary 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; 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 displayed in each 12-month 
period, in as equal a number 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 manu-
facturer, importer, distributor, or retailer and approved by the 
Secretary. 
‘‘(2) ROTATION.—The label statements specified in sub-
section (a)(1) shall be rotated quarterly in alternating sequence 
in advertisements for each brand of cigarettes in accordance 
with a plan submitted by the tobacco product manufacturer, 
importer, distributor, or retailer to, and approved by, the Sec-
retary. 
‘‘(3) REVIEW.—The Secretary shall review each plan sub-
mitted under paragraph (2) and approve it if the plan—
H. R. 1256—70 
‘‘(A) will provide for the equal distribution and display 
on packaging and the rotation required in advertising 
under this subsection; and 
‘‘(B) assures that all of the labels required under this 
section will be displayed by the tobacco product manufac-
turer, importer, distributor, or retailer at the same time. 
‘‘(4) APPLICABILITY TO RETAILERS.—This subsection and sub-
section (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 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). 
‘‘(d) GRAPHIC LABEL STATEMENTS.—Not later than 24 months 
after the date of enactment of the Family Smoking Prevention 
and Tobacco Control Act, the Secretary shall issue regulations that 
require color graphics depicting the negative health consequences 
of smoking to accompany the label statements specified in sub-
section (a)(1). The Secretary may adjust the type size, text and 
format of the label statements specified in subsections (a)(2) and 
(b)(2) as the Secretary determines appropriate so that both the 
graphics and the accompanying label statements are clear, con-
spicuous, legible and appear within the specified area.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect 15 months after the issuance of the regulations 
required by subsection (a). Such effective date shall be with respect 
to the date of manufacture, provided that, in any case, beginning 
30 days after such effective date, a manufacturer shall not introduce 
into the domestic commerce of the United States any product, 
irrespective of the date of manufacture, that is not in conformance 
with section 4 of the Federal Cigarette Labeling and Advertising 
Act (15 U.S.C. 1333), as amended by subsection (a). 
SEC. 202. AUTHORITY TO REVISE CIGARETTE WARNING LABEL STATE-
MENTS. 
(a) PREEMPTION.—Section 5(a) of the Federal Cigarette Labeling 
and Advertising Act (15 U.S.C. 1334(a)) is amended by striking 
‘‘No’’ and inserting ‘‘Except to the extent the Secretary requires 
additional or different statements on any cigarette package by 
a regulation, by an order, by a standard, by an authorization 
to market a product, or by a condition of marketing a product, 
pursuant to the Family Smoking Prevention and Tobacco Control 
Act (and the amendments made by that Act), or as required under 
section 903(a)(2) or section 920(a) of the Federal Food, Drug, and 
Cosmetic Act, no’’. 
(b) CHANGE IN REQUIRED STATEMENTS.—Section 4 of the Fed-
eral Cigarette Labeling and Advertising 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 Secretary 
through a rulemaking conducted under section 553 of title 5, United 
States Code, may adjust the format, type size, color graphics, and 
text of any of the label requirements, 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
H. R. 1256—71 
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 PRO-
MOTION. 
Section 5 of the Federal Cigarette Labeling and Advertising 
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 regulations, 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 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.— 
‘‘(1) It shall be unlawful for any person to manufacture, 
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 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 alternative 
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 typog-
raphy, 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 occupy 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 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 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 distributor of any smokeless 
tobacco product that does not manufacture, package, or import 
smokeless tobacco products for sale or distribution within the 
United States.
H. R. 1256—72 
‘‘(5) A retailer of smokeless tobacco products 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 dis-
tributor; and 
‘‘(C) is not altered by the retailer in a way that is 
material to the requirements of this subsection. 
‘‘(b) REQUIRED LABELS.— 
‘‘(1) It shall be unlawful for any tobacco product manufac-
turer, 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 subsection (a) 
in smokeless tobacco advertising shall comply with the stand-
ards set forth in this paragraph. 
‘‘(B) For press and poster advertisements, each such state-
ment and (where applicable) any required statement relating 
to tar, nicotine, or other constituent yield shall comprise at 
least 20 percent of the area of the advertisement. 
‘‘(C) The word ‘WARNING’ shall appear in capital letters, 
and each label statement shall appear in conspicuous and leg-
ible 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 advertisement; 
31.5-point type for a double page spread magazine or whole- 
page magazine 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. 
‘‘(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 language of the publication; and 
‘‘(ii) in the case of any other advertisement that is 
not in English, the statements shall appear in the same 
language as that principally used in the advertisement. 
‘‘(3)(A) The label statements specified in subsection (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 randomly distributed in all areas of the United 
States in which the product is marketed in accordance with