173 
letters and all text shall be in conspicuous and leg-
ible 17-point type, unless the text of the label state-
ment would occupy more than 70 percent of such 
area, in which case the text may be in a smaller con-
spicuous and legible type size, provided that at least 
60 percent of such area is occupied by required text. 
The text shall be black on a white background, or 
white on a black background, in a manner that con-
trasts, by typography, layout, or color, with all other 
printed material on the package, 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 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— 
‘‘(A) contains a warning label; 
‘‘(B) is supplied to the retailer by a 
license- or permit-holding tobacco product man-
ufacturer, importer, or distributor; and
174 
‘‘(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 
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). 
‘‘(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 re-
quired 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 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 let-
175 
ters, and each label statement shall appear in con-
spicuous and legible type. The text of the label state-
ment shall be black if the background is white and 
white if the background is black, under the plan sub-
mitted 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 state-
ments. 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. The label state-
ments 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
176 
statements shall appear in the predominant lan-
guage 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; the text, format, and type sizes of any re-
quired tar, nicotine yield, or other constituent (in-
cluding smoke constituent) disclosures; or the text, 
format, and type sizes for any other disclosures re-
quired under the Federal Food, Drug, and Cosmetic 
Act. The text of any such label statements or disclo-
sures shall be required to appear only within the 20 
percent area of cigarette advertisements provided by 
paragraph (2). The Secretary shall promulgate regu-
177 
lations 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 
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. 
‘‘(3) REVIEW.—The Secretary shall review each 
plan submitted under paragraph (2) and approve it 
if the plan—
178 
‘‘(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 does not contain a warn-
ing label or has been altered by the retailer in a way 
that is material to the requirements of this sub-
section and subsection (b).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect 12 months after the date 
of enactment of this Act. 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 manu-
facturer 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