‘‘(ii) on the inside surface of a window
facing outward.
‘‘(D) The term ‘outdoor advertising’ does
not mean—
‘‘(i) an advertisement on the outside
of a tobacco product manufacturing facil-
ity;
‘‘(ii) an individual advertisement that
does not occupy an area larger than 14
square feet (and that neither is placed in
such proximity to any other such advertise-
ment so as to create a single ‘mosaic’-type
advertisement larger than 14 square feet,
nor functions solely as a segment of a larg-
er advertising unit or series), and that is
placed on the outside of any retail estab-
lishment that sells tobacco products (other
than solely through a vending machine), on
the outside (but on the property of) any
such establishment, or on the inside sur-
face of a window facing outward in any
such establishment; or
‘‘(iii) an advertisement inside a retail
establishment that sells tobacco products
(other than solely through a vending ma-
chine) that is not placed on the inside sur-
face of a window facing outward.
‘‘(3) For purposes of this subsection, the term
‘video game arcade’ means an entertainment estab-
lishment primarily consisting of video games (other
than video games intended primarily for use by per-
sons 18 years of age or older) and/or pinball ma-
chines.
‘‘(i) ELIMINATION OF TRANSIT ADVERTISEMENTS.—
‘‘(1) No manufacturer, distributor, or retailer
may place or cause to be placed any transit adver-
tisements advertising tobacco products.
‘‘(2) For purposes of this subsection, the term
‘transit advertisements’ means advertising on or
within private or public vehicles and all advertise-
ments placed at, on or within any bus stop, taxi
stand, transportation waiting area, train station, air-
port, or any similar location.
‘‘(3) The term ‘transit advertisements’ does not
include any advertisement placed in, on, or outside
the premises of any retail establishment that sells
tobacco products (other than solely through a vend-
ing 
machine), 
except 
if 
such 
individual
advertisement—
‘‘(A) occupies an area larger than 14
square feet;
‘‘(B) is placed in such proximity to any
other such advertisement so as to create a sin-
gle ‘mosaic’-type advertisement larger than 14
square feet; or
‘‘(C) functions solely as a segment of a
larger advertising unit or series).
‘‘(j) BAR
ON ADVERTISING
IN ANY YOUTH-ORI-
ENTED PUBLICATION.—
‘‘(1) No manufacturer, distributor, or retailer
shall advertise a tobacco product in any youth-ori-
ented publication (whether periodic or limited dis-
tribution).
‘‘(2) For purposes of this subsection, a ‘youth
oriented publication’ is a newspaper, magazine, peri-
odical, or other publication—
‘‘(A) whose readers younger than 18 years
of age constitute more than 15 percent of the
total readership as measured by competent and
reliable survey evidence; or
‘‘(B) that is read by 2,000,000 or more
persons younger than 18 years of age as meas-
ured by competent and reliable survey evidence.
‘‘(k) BAN
ON TOBACCO PRODUCT BRAND NAME
SPONSORSHIPS.—
‘‘(1) No manufacturer, distributor, or retailer
may sponsor or cause to be sponsored any athletic,
musical, artistic, or other social or cultural event, or
any entry or team in any event, in the brand name
(alone or in conjunction with any other word), logo,
symbol, motto, selling message, recognizable color or
pattern of colors, or any other indicia of product
identification identical or similar to, or identifiable
with, those used for any brand of cigarettes or
smokeless tobacco.
‘‘(2) Nothing in this subsection shall be con-
strued to prevent a manufacturer, distributor, or re-
tailer from sponsoring or causing to be sponsored
any athletic, musical, artistic, or other social or cul-
tural event, or team or entry, in the name of the
corporation which manufactures the tobacco product,
provided that both the corporate name and the cor-
poration were registered and in use in the United
States prior to January 1, 2001, and that the cor-
porate name does not include any brand name (alone
or in conjunction with any other word), logo, symbol,
motto, selling message, recognizable color or pattern
of colors, or any other indicia of product identifica-
tion identical or similar to, or identifiable with, those
used for any brand of cigarettes or smokeless to-
bacco.
‘‘(3) This subsection shall not apply to any
event sponsored in an adult-only facility.
‘‘(l) BAN ON TOBACCO BRAND NAME MERCHAN-
DISE.—
‘‘(1) No manufacturer may market, distribute,
offer, sell, license or cause to be marketed, distrib-
uted, offered, sold, or licensed (including, without
limitation, by catalogue or direct mail), any apparel
or other merchandise (other than tobacco products,
items the sole function of which is to advertise to-
bacco products, or written or electronic publications)
which bears a brand name.
‘‘(2) Nothing in this subsection shall—
‘‘(A) prohibit the distribution to any man-
ufacturer’s employee who is an adult of any
item described above that is intended for the
personal use of such an employee;
‘‘(B) require any manufacturer to retrieve,
collect or otherwise recover any item that prior
to the enactment of this Act was marketed, dis-
tributed, offered, sold, licensed, or caused to be
marketed, distributed, offered, sold, or licensed
by such manufacturer;
‘‘(C) apply to coupons or other items used
by adults solely in connection with the purchase
of tobacco products; or
‘‘(D) apply to apparel or other merchan-
dise used within an adult-only facility that is
not distributed (by sale or otherwise) to any
member of the general public.
‘‘(m) BAN ON GIFTS TO UNDERAGE PERSONS BASED
ON PROOFS OF PURCHASE.—
‘‘(1) No manufacturer, distributor, or retailer
may provide or cause to be provided to any person,
without sufficient proof that such person is an adult,
any item in exchange for the purchase of tobacco
products, or the furnishing of credits, proofs-of-pur-
chase, or coupons with respect to such a purchase.
‘‘(2)(A) For purposes of paragraph (1), a driv-
er’s license or other government-issued identification
(or legible photocopy thereof), the validity of which
is certified by the person to whom the item is pro-
vided, shall by itself be deemed to be a sufficient
form of proof of age; and
‘‘(B) In the case of items provided (or to be re-
deemed) at retail establishments, a manufacturer
shall be entitled to rely on verification of proof of
age by the retailer, where such retailer is required
to obtain verification under applicable Federal, State
or local law.
‘‘(n) BAN
ON
NON-TOBACCO
PRODUCT
BRAND
NAMES.—
‘‘(1) Except as provided in paragraph (2), no
manufacturer may, pursuant to any agreement re-
quiring the payment of money or other valuable con-
sideration, use or cause to be used as a brand name
of any tobacco product any nationally recognized or
nationally established brand name or trade name of
any non-tobacco item or service or any nationally
recognized or nationally established sports team, en-
tertainment group, or individual celebrity.
‘‘(2) Paragraph (1) shall not apply to any to-
bacco product brand name in existence as of July 1,
1998.
‘‘(3) For the purposes of this section, the term
‘other valuable consideration’ shall not include an
agreement between two entities who enter into such
agreement for the sole purpose of avoiding infringe-
ment claims.
‘‘(o) LIMITATION ON THIRD PARTY USE OF TO-
BACCO BRAND NAMES.—
‘‘(1) No manufacturer may license or otherwise
expressly authorize any third party to use or adver-
tise any brand name in a manner prohibited by this
Act if done by such manufacturer itself.
‘‘(2) Nothing in this subsection shall require
any manufacturer to retrieve, collect, or otherwise
recover any item that prior to the enactment of this
Act was marketed, distributed, offered, sold, li-
censed, or caused to be marketed, distributed, of-
fered, sold, or licensed by such manufacturer.
‘‘(p) BAR ON PRODUCT PLACEMENT IN CERTAIN
MEDIA.—
‘‘(1) Except as provided in paragraph (2), no
manufacturer may make, or cause to be made, any
payment or other consideration to any other person
or entity to use, display, make reference to, or use
as a prop any tobacco product, tobacco product
package, advertisement for a tobacco product, or any
other item bearing a brand name in any motion pic-
ture, television show, theatrical production or other
live performance, live or recorded performance of
music, commercial film or video, or video game
(‘media’).
‘‘(2) Paragraph (1) shall not apply to—
‘‘(A) media where the audience or viewers
are within an adult-only facility (provided such
media are not visible to persons outside such
adult-only facility);
‘‘(B) media not intended for distribution or
display to the public; or
‘‘(C) instructional media concerning non-
conventional tobacco products or tobacco prod-
ucts designated as reduced risk viewed only by
or provided only to consumers who are adults.
‘‘(q) SEVERABILITY.—If any provision of this section
is held invalid, those subsections, and paragraphs which
are not so held shall continue to be in effect.
‘‘(r) EFFECTIVE DATES.—The provisions of this sec-
tion shall take effect on the date that is six months after
the date of enactment of this section, except for the provi-
sions of subsections (e) and (k), which shall take effect
on the date that is one year after the effective date of
this section.
‘‘SEC. 916. MANDATORY DISCLOSURES.
‘‘(a) DISCLOSURE OF INGREDIENTS TO THE PUB-
LIC.—
‘‘(1) Not later than 12 months after the effec-
tive date of this section, the Secretary shall promul-
gate regulations requiring the disclosure to the pub-
lic on a brand-by-brand basis of the common or
usual name of each ingredient of a tobacco product
in descending order of predominance by weight, ex-
cept that spices, flavorings, and colorings may at the
manufacturer’s election be designated as spices,
flavorings, and colorings without naming each. Any
ingredient that has been disclosed to the public pur-
suant to any other law or regulation with respect to
a particular brand may be required to be disclosed
for such brand pursuant to this subsection.
‘‘(2) The regulations required by this subsection
shall provide that incidental additives that are
present in a tobacco product at insignificant levels
and that do not have any technical or functional ef-
fect in the finished tobacco product shall be exempt
from disclosure.
‘‘(3) The requirement of this subsection to dis-
close ingredients in descending order of predomi-
nance shall not apply to ingredients in amounts of
2 percent or less by weight when a listing of such
ingredients is placed at the end of the ingredients
statement following an appropriate quantifying
statement, such as ‘contains ll percent or less of
ll’, or ‘less than ll percent of ll’.
‘‘(4) Any disclosure required pursuant to this
subsection may be required by appropriate means,
except that, notwithstanding any other provision of
this act, the Secretary shall not require the listing
of any ingredient on any package or in any adver-
tisement.
‘‘(b) DISCLOSURE OF PERCENTAGE OF DOMESTIC
AND FOREIGN TOBACCO.—Not later than 12 months after
the effective date of this section, the Secretary shall pro-
mulgate regulations that require that each package of a
tobacco product disclose, with respect to the tobacco con-
tained in that brand—
‘‘(1) the percentage of tobacco that is domestic
tobacco; and
‘‘(2) the percentage of tobacco that is foreign
tobacco.
‘‘(c) MANDATORY DISCLAIMER.—
‘‘(1) Any tobacco product advertising which in-
cludes a term classifying a brand of tobacco product
according to its ‘tar’ yield or the yield to consumers
of any substance, including but not limited to terms
such as ‘light’, or ‘low tar’, shall also include the fol-
lowing disclaimer: ‘[Brand] not shown to be less
hazardous than other [type of tobacco product]’.
This section shall not be deemed to apply to the use
of the terms ‘filtered’ or ‘filter’. In no event shall
any such disclaimer be required on any tobacco
product package.
‘‘(2) In addition to the provisions of paragraph
(1), not later than 12 months after the effective date
of this section, the Secretary shall promulgate regu-
lations relating to the use of such terms, to ensure
that they are not false or misleading.
‘‘(3) The Secretary may modify or waive any
requirement under this subsection with respect to
any product that has been designated by the Sec-
retary as a reduced risk product under section
912.’’.
SEC. 5. REGULATORY RECORD.
Notwithstanding the provisions of subchapter II of
chapter 5 of title 5, United States Code, in promulgating
regulations under this chapter, the record developed and
utilized by the Secretary for the purposes of promulgating
subparts (B) and (D) of the regulations relating to the
sale, distribution, and use of tobacco products on or about
August 28, 1996, as reflected in articles IV and VI of the
preamble to the 1996 Food and Drug Administration To-
bacco Rule (including public comments, Food and Drug
Administration documents, and any other information
generated or compiled for purposes of promulgating such
regulations), shall be deemed to have the same legal status
as if such record had been developed under a rulemaking
proceeding conducted pursuant to section 906(d)(1). In all
other respects, including with respect to the issue of
whether such regulations conform to section 906(d)(1),
the procedural requirements of this chapter and the Ad-
ministration Procedure Act will apply.
SEC. 6. CONFORMING AND OTHER AMENDMENTS TO GEN-
ERAL PROVISIONS.
(a) AMENDMENT OF FEDERAL FOOD, DRUG, AND
COSMETIC ACT.—Except as otherwise expressly provided,
whenever in this section an amendment is expressed in
terms of an amendment to, or repeal of, a section or other
provision, the reference is to a section or other provision
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.).
(b) SECTION 301.—Section 301 (21 U.S.C. 331) is
amended—
(1) in subsection (a), by inserting ‘‘tobacco
product,’’ after ‘‘device,’’;
(2) in subsection (b), by inserting ‘‘tobacco
product,’’ after ‘‘device,’’;
(3) in subsection (c), by inserting ‘‘tobacco
product,’’ after ‘‘device,’’;
(4) in subsection (e), by striking ‘‘515(f), or
519’’ and inserting ‘‘515(f), 519, or 909’’;
(5) in subsection (g), by inserting ‘‘tobacco
product,’’ after ‘‘device,’’;
(6) in subsection (h), by inserting ‘‘tobacco
product,’’ after ‘‘device,’’;
(7) in subsection (j), by striking ‘‘708, or 721’’
and inserting ‘‘708, 721, 903, 904, 905, 906, 907,
908, 909, 910, or 912’’;
(8) in subsection (k), by inserting ‘‘tobacco
product,’’ after ‘‘device,’’;
(9) by striking subsection (p) and inserting the
following:
‘‘(p) The failure to register in accordance with section
510 or 905, the failure to provide any information re-
quired by section 510(j), 510(k), 905(i), or 905(j), or the
failure to provide a notice required by section 510(j)(2)
or 905(j)(2).’’;
(10) in subsection (q), by striking paragraph
(1) and inserting the following:
‘‘(1) The failure or refusal—
‘‘(A) to comply with any requirement prescribed
under section 518, 520(g), 906(f), or 908;
‘‘(B) to furnish any notification or other mate-
rial or information required by or under section 519,
520(g), 904, 906(f), or 909; or
‘‘(C) to comply with a requirement under sec-
tion 522.’’;
(11) in subsection (q)(2), by striking ‘‘device,’’
and inserting ‘‘device or tobacco product,’’;
(12) in subsection (r), by inserting ‘‘or tobacco
product’’ after ‘‘device’’ each time that it appears;
and
(13) by adding at the end the following:
‘‘(aa) The sale of tobacco products in violation
of a no-tobacco-sale order issued under section
303(f).’’.
(c) SECTION 303.—Section 303(f) (21 U.S.C. 333(f))
is amended—
(1) by striking the subsection heading and in-
serting the following:
‘‘(f) CIVIL
PENALTIES; NO-TOBACCO-SALE
OR-
DERS.—’’;
(2) in paragraph (1)(A), by inserting ‘‘or to-
bacco products’’ after ‘‘devices’’;
(3) by redesignating paragraphs (3), (4), and
(5) as paragraphs (4), (5), and (6), respectively;
(4) by inserting after paragraph (2) the fol-
lowing:
‘‘(3) If the Secretary finds that a person has
committed repeated violations of restrictions promul-
gated under section 906(d) at a particular retail out-
let then the Secretary may impose a no-tobacco-sale
order on that person prohibiting the sale of tobacco
products in that outlet. A no-tobacco-sale order may
be imposed with a civil penalty under paragraph
(1).’’;
(5) in subparagraph (A) of paragraph (4), as so
redesignated—
(A) by striking ‘‘assessed’’ the first time it
appears and inserting ‘‘assessed, or a no-to-
bacco-sale order may be imposed,’’; and
(B) by striking ‘‘penalty’’ and inserting
‘‘penalty, or upon whom a no-tobacco-order is
to be imposed,’’;
(6) in subparagraph (B) of paragraph (4), as so
redesignated—
(A) by inserting after ‘‘penalty,’’ the fol-
lowing: ‘‘or the period to be covered by a no-to-
bacco-sale order,’’; and
(B) by adding at the end the following: ‘‘A
no-tobacco-sale order permanently prohibiting
an individual retail outlet from selling tobacco
products shall include provisions that allow the
outlet, after a specified period of time, to re-
quest that the Secretary compromise, modify,
or terminate the order.’’;
(7) by adding at the end of paragraph (4), as
so redesignated, the following:
‘‘(D) The Secretary may compromise, mod-
ify, or terminate, with or without conditions,
any no-tobacco-sale order.’’;
(8) in paragraph (5), as so redesignated—
(A) by striking ‘‘(3)(A)’’ and inserting
‘‘(4)(A)’’;
(B) by inserting ‘‘or the imposition of a
no-tobacco-sale order’’ after ‘‘penalty’’ the first
2 places it appears;
(C) by striking ‘‘issued.’’ and inserting
‘‘issued, or on which the no-tobacco-sale order
was imposed, as the case may be.’’; and
(9) in paragraph (6), as so redesignated, by
striking ‘‘paragraph (4)’’ each place it appears and
inserting ‘‘paragraph (5)’’.
(d) SECTION 304.—Section 304 (21 U.S.C. 334) is
amended—
(1) in subsection (a)(2), by striking ‘‘and’’ be-
fore ‘‘(D)’’;
(2) in subsection (a)(2), by striking ‘‘device.’’
and inserting a comma and the following:
‘‘(E) Any adulterated or misbranded to-
bacco product.’’;
(3) in subsection (d)(1), by inserting ‘‘tobacco
product,’’ after ‘‘device,’’;
(4) in subsection (g)(1), by inserting ‘‘or to-
bacco product’’ after ‘‘device’’ each place it appears;
and
(5) in subsection (g)(2)(A), by inserting ‘‘or to-
bacco product’’ after ‘‘device’’ each place it appears.
(e) SECTION
702.—Section 702(a) (21 U.S.C.
372(a)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(2) by adding at the end thereof the following:
‘‘(2) For a tobacco product, to the extent feasible,
the Secretary shall contract with the States in accordance
with paragraph (1) to carry out inspections of retailers
in connection with the enforcement of this Act.’’.
(f) SECTION 703.—Section 703 (21 U.S.C. 373) is
amended—
(1) by inserting ‘‘tobacco product,’’ after ‘‘de-
vice,’’ each place it appears; and
(2) by inserting ‘‘tobacco products,’’ after ‘‘de-
vices,’’ each place it appears.
(g) SECTION 704.—Section 704 (21 U.S.C. 374) is
amended—
(1) in subsection (a)(1)(A), by inserting ‘‘to-
bacco products,’’ after ‘‘devices,’’ each place it ap-
pears;
(2) in subsection (a)(1)(B), by inserting ‘‘or to-
bacco products’’ after ‘‘restricted devices’’ each place
it appears; and
(3) in subsection (b), by inserting ‘‘tobacco
product,’’ after ‘‘device,’’.
(h) SECTION
705.—Section 705(b) (21 U.S.C.
375(b)) is amended by inserting ‘‘tobacco products,’’ after
‘‘devices,’’.
(i) SECTION 709.—Section 709 (21 U.S. C. 379) is
amended by inserting ‘‘or tobacco product’’ after ‘‘device’’.
(j) SECTION 801.—Section 801 (21 U.S.C. 381) is
amended—
(1) in subsection (a), by inserting ‘‘tobacco
products,’’ after ‘‘devices,’’ the first time it appears;
(2) in subsection (a), by inserting ‘‘or sub-
section (j) of section 905’’ after ‘‘section 510’’;
(3) in subsection (a), by striking ‘‘drugs or de-
vices’’ each time it appears and inserting ‘‘drugs, de-
vices, or tobacco products’’; and
(4) in subsection (e)(1), by inserting ’tobacco
product’ after ’device’.
(k) SECTION 1003.—Section 1003(d)(2)(C) (as re-
designated by section 101(a)) is amended—
(1) by striking ‘‘and’’ after ‘‘cosmetics,’’; and
(2) inserting a comma and ‘‘and tobacco prod-
ucts’’ after ‘‘devices’’.
(l) 
EFFECTIVE
DATE
FOR
NO-TOBACCO-SALE
ORDER AMENDMENTS.—The amendments made by sub-
section (c), other than the amendment made by paragraph
(2) thereof, shall take effect only upon the promulgation
of final regulations by the Secretary—
(1) defining the term ‘‘repeated violation’’, as
used in section 303(f) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 333(f)) as amended by
subsection (c), by identifying the number of viola-
tions of particular requirements over a specified pe-
riod of time that constitute a repeated violation;
(2) providing for notice to the retailer of each
violation at a particular retail outlet;
(3) providing that a person may not be charged
with repeated violations at a particular retail outlet
unless the Secretary has provided notice of previous
violations at that outlet;
(4) establishing a period of time during which,
if there are no violations by a particular retail out-
let, that outlet will not be considered to have been
the site of repeated violations when the next viola-
tion occurs; and
(5) providing that good faith reliance on false
identification does not constitute a violation of any
minimum age requirement for the sale of tobacco
products.
SEC. 7. CIGARETTE LABEL AND ADVERTISING WARNINGS.
Section 4 of the Federal Cigarette Labeling and Ad-
vertising Act (15 U.S.C. 1333) is amended to read as fol-
lows:
‘‘SEC. 4. LABELING.
‘‘(a) LABEL REQUIREMENTS.—
‘‘(1) IN GENERAL.—It shall be unlawful for any
person to manufacture, package, or import for sale
or distribution within the United States any ciga-
rettes the package of which fails to bear, in accord-
ance with the requirements of this section, one of
the following labels:
‘‘WARNING: Cigarettes are addictive’’
‘‘WARNING: Tobacco smoke can harm your chil-
dren’’
‘‘WARNING: Cigarettes cause fatal lung disease’’
‘‘WARNING: Cigarettes cause cancer’’
‘‘WARNING: Cigarettes cause strokes and heart
disease’’
‘‘WARNING: Smoking during pregnancy can harm
your baby’’
‘‘WARNING: Smoking can kill you’’
‘‘WARNING: Tobacco smoke causes fatal lung dis-
ease in non-smokers’’
‘‘WARNING: Quitting smoking now greatly reduces
serious risks to your health’’
‘‘(2) PLACEMENT; TYPOGRAPHY; ETC.—
‘‘(A) IN GENERAL.—Each label statement
required by paragraph (1) shall be located in
the upper portion of the front and rear panels
of the package, directly on the package under-
neath the cellophane or other clear wrapping.
Except as provided in subparagraph (B), each
label statement shall comprise at least the top
25 percent of the front and rear panels of the
package. The word ‘‘WARNING’’ shall appear
in capital letters and all text shall be in con-
spicuous and legible 17-point type, unless the
100
text of the label statement would occupy more
than 70 percent of such area, in which case the
text may be in a smaller conspicuous and leg-
ible 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
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)(4).
‘‘(B) FLIP-TOP BOXES.—For any cigarette
brand package manufactured or distributed be-
fore January 1, 2000, which employs a flip-top
style (if such packaging was used for that
brand in commerce prior to June 21, 1997), the
label statement required by paragraph (1) shall
be located on the flip-top 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 provisions 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-
101
tributor of cigarettes which does not manufacture,
package, or import cigarettes for sale or distribution
within the United States.
‘‘(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 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 advertisement within the
trim area. The Secretary may revise the required
type sizes in such area in such manner as the Sec-
retary determines appropriate. The word ‘‘WARN-
ING’’ shall appear in capital letters, and each label
102
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 back-
ground is black, under the plan submitted under
paragraph (4) of this subsection. The label state-
ments 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 label statements shall
be in a typeface pro rata to the following require-
ments: 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 advertise-
ment; 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 ad-
vertisement; 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—
‘‘(A) an advertisement that appears in a
newspaper, magazine, periodical, or other publi-
103
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) 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 disclo-
sures, or to establish 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 of any such label statements or dis-
closures shall be required to appear only within the
20 percent area of cigarette advertisements provided
by paragraph (2) of this subsection. The Secretary
shall promulgate regulations which provide for ad-
justments 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.
104
‘‘(4) MARKETING REQUIREMENTS.—
‘‘(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 prod-
uct and be randomly distributed in all areas of
the United States in which the product is mar-
keted in accordance with a plan submitted by
the tobacco product manufacturer, importer,
distributor, or retailer and approved by the Sec-
retary.
‘‘(B) The label statements specified in sub-
section (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, distributor, or retailer to, and ap-
proved by, the Secretary.
‘‘(C) The Secretary shall review each plan
submitted under subparagraph (B) and approve
it if the plan—
‘‘(i) will provide for the equal distribu-
tion and display on packaging and the ro-
tation required in advertising under this
subsection; and
105
‘‘(ii) assures that all of the labels re-
quired under this section will be displayed
by the tobacco product manufacturer, im-
porter, distributor, or retailer at the same
time.’’.
SEC. 8. 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 4,
is further amended by adding at the end the following:
‘‘(c) 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 warning label statements required
by subsection (a) of this section subject to the limitation
on proportional size of the warning contained in sub-
sections (a)(2) and (b)(2), 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 understanding of the risks associ-
ated with the use of smokeless tobacco products.’’.
106
SEC. 9. 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, or import for sale or distribution
within the United States any smokeless tobacco
product unless the product package bears, in accord-
ance 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 para-
graph (1) shall be—
‘‘(A) located on the 2 principal display
panels of the package, and each label statement
shall comprise at least 25 percent of each such
display panel; and
107
‘‘(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.
‘‘(b) REQUIRED LABELS.—
108
‘‘(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
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).
109
‘‘(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.
‘‘(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-
110
bacco product manufacturer, importer, dis-
tributor, or retailer at the same time.
‘‘(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. 10. 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
amended by section 6, 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 warn-
ing label statements required by subsection (a) of this sec-
tion, subject to the limitations on proportional size of the
warning contained in paragraphs (2) and (3) of subsection
(a), 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.’’.