124
‘‘(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(i)(2).’’; 
(10) by striking subsection (q)(1) and inserting 
the following: 
‘‘(q)(1) The failure or refusal—
‘‘(A) to comply with any requirement prescribed 
under section 518, 520(g), 903(b)(8), or 908, or 
condition 
prescribed 
under 
section 
903(b)(6)(B)(ii)(II); 
‘‘(B) to furnish any notification or other mate-
rial or information required by or under section 519, 
520(g), 904, 909, or section 921; or 
‘‘(C) to comply with a requirement under sec-
tion 522 or 913.’’; 
(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:
125
‘‘(aa) The sale of tobacco products in violation 
of a no-tobacco-sale order issued under section 
303(f). 
‘‘(bb) The introduction or delivery for introduc-
tion into interstate commerce of a tobacco product 
in violation of section 911. 
‘‘(cc)(1) Forging, counterfeiting, simulating, or 
falsely representing, or without proper authority 
using any mark, stamp (including tax stamp), tag, 
label, or other identification device upon any tobacco 
product or container or labeling thereof so as to 
render such tobacco product a counterfeit tobacco 
product. 
‘‘(2) Making, selling, disposing of, or keeping in 
possession, control, or custody, or concealing any 
punch, die, plate, stone, or other item that is de-
signed to print, imprint, or reproduce the trade-
mark, trade name, or other identifying mark, im-
print, or device of another or any likeness of any of 
the foregoing upon any tobacco product or container 
or labeling thereof so as to render such tobacco 
product a counterfeit tobacco product. 
‘‘(3) The doing of any act that causes a tobacco 
product to be a counterfeit tobacco product, or the
126
sale or dispensing, or the holding for sale or dis-
pensing, of a counterfeit tobacco product. 
‘‘(dd) The charitable distribution of tobacco 
products. 
‘‘(ee) The failure of a manufacturer or dis-
tributor to notify the Attorney General of their 
knowledge of tobacco products used in illicit trade.’’. 
(c) SECTION 303.—Section 303 (21 U.S.C. 333(f)) 
is amended in subsection (f)—
(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) in paragraph (2)(C), by striking ‘‘paragraph 
(3)(A)’’ and inserting ‘‘paragraph (4)(A)’’; 
(4) by redesignating paragraphs (3), (4), and 
(5) as paragraphs (4), (5), and (6), and inserting 
after paragraph (2) the following: 
‘‘(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
127
products in that outlet. A no-tobacco-sale order may 
be imposed with a civil penalty under paragraph 
(1).’’; 
(5) in paragraph (4) as so redesignated—
(A) in subparagraph (A)—
(i) by striking ‘‘assessed’’ the first 
time it appears and inserting ‘‘assessed, or 
a no-tobacco-sale order may be imposed,’’; 
and 
(ii) by striking ‘‘penalty’’ and insert-
ing ‘‘penalty, or upon whom a no-tobacco-
order is to be imposed,’’; 
(B) in subparagraph (B)—
(i) by inserting after ‘‘penalty,’’ the 
following: ‘‘or the period to be covered by 
a no-tobacco-sale order,’’; and 
(ii) by adding at the end the fol-
lowing: ‘‘A no-tobacco-sale order perma-
nently prohibiting an individual retail out-
let from selling tobacco products shall in-
clude provisions that allow the outlet, after 
a specified period of time, to request that 
the Secretary compromise, modify, or ter-
minate the order.’’; and 
(C) by adding at the end, the following:
128
‘‘(D) The Secretary may compromise, mod-
ify, or terminate, with or without conditions, 
any no-tobacco-sale order.’’; 
(6) in paragraph (5) as so redesignated—
(A) by striking ‘‘(3)(A)’’ as redesignated, 
and inserting ‘‘(4)(A)’’; 
(B) by inserting ‘‘or the imposition of a 
no-tobacco-sale order’’ after ‘‘penalty’’ the first 
2 places it appears; and 
(C) by striking ‘‘issued.’’ and inserting 
‘‘issued, or on which the no-tobacco-sale order 
was imposed, as the case may be.’’; and 
(7) 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)—
(A) by striking ‘‘and’’ before ‘‘(D)’’; and 
(B) by striking ‘‘device.’’ and inserting the 
following: ‘‘, (E) Any adulterated or misbranded 
tobacco product.’’; 
(2) in subsection (d)(1), by inserting ‘‘tobacco 
product,’’ after ‘‘device,’’;
129
(3) in subsection (g)(1), by inserting ‘‘or to-
bacco product’’ after ‘‘device’’ each place it appears; 
and 
(4) 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 
within that State 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;
130
(2) in subsection (a)(1)(B), by inserting ‘‘or to-
bacco product’’ 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)—
(A) by inserting ‘‘tobacco products,’’ after 
‘‘devices,’’ the first time it appears; 
(B) by inserting ‘‘or section 905(j)’’ after 
‘‘section 510’’; and 
(C) by striking ‘‘drugs or devices’’ each 
time it appears and inserting ‘‘drugs, devices, 
or tobacco products’’; 
(2) in subsection (e)(1), by inserting ‘‘tobacco 
product,’’ after ‘‘device,’’; and 
(3) by adding at the end the following: 
‘‘(p)(1) Not later than 2 years after the date of enact-
ment of the Family Smoking Prevention and Tobacco
131
Control Act, and annually thereafter, the Secretary shall 
submit to the Committee on Health, Education, Labor, 
and Pensions of the Senate and the Committee on Energy 
and Commerce of the House of Representatives, a report 
regarding—
‘‘(A) the nature, extent, and destination of 
United States tobacco product exports that do not 
conform to tobacco product standards established 
pursuant to this Act; 
‘‘(B) the public health implications of such ex-
ports, including any evidence of a negative public 
health impact; and 
‘‘(C) recommendations or assessments of policy 
alternatives available to Congress and the Executive 
Branch to reduce any negative public health impact 
caused by such exports. 
‘‘(2) The Secretary is authorized to establish appro-
priate information disclosure requirements to carry out 
this subsection.’’. 
(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) GUIDANCE AND EFFECTIVE DATES.—
132
(1) IN GENERAL.—The Secretary of Health and 
Human Services shall issue guidance—
(A) 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 violations of particular requirements 
over a specified period of time at a particular 
retail outlet that constitute a repeated violation; 
(B) providing for timely and effective no-
tice to the retailer of each alleged violation at 
a particular retail outlet; 
(C) providing for an expedited procedure 
for the administrative appeal of an alleged vio-
lation; 
(D) providing that a person may not be 
charged with a violation at a particular retail 
outlet unless the Secretary has provided notice 
to the retailer of all previous violations at that 
outlet; 
(E) establishing a period of time during 
which, if there are no violations by a particular 
retail outlet, that outlet will not be considered 
to have been the site of repeated violations 
when the next violation occurs; and
133
(F) providing that good faith reliance on 
the presentation of a false government issued 
photographic identification that contains a date 
of birth does not constitute a violation of any 
minimum age requirement for the sale of to-
bacco products if the retailer has taken effective 
steps to prevent such violations, including—
(i) adopting and enforcing a written 
policy against sales to minors; 
(ii) informing its employees of all ap-
plicable laws; 
(iii) establishing disciplinary sanctions 
for employee noncompliance; and 
(iv) requiring its employees to verify 
age by way of photographic identification 
or electronic scanning device. 
(2) GENERAL EFFECTIVE DATE.—The amend-
ments made by subsection (c), other than the 
amendment made by paragraph (2) of such sub-
section, shall take effect upon the issuance of guid-
ance described in paragraph (1). 
(3) SPECIAL
EFFECTIVE
DATE.—The amend-
ments made by paragraph (2) of subsection (c) shall 
take effect on the date of enactment of this Act.
134
TITLE 
II—TOBACCO 
PRODUCT 
WARNINGS; 
CONSTITUENT 
AND 
SMOKE 
CONSTITUENT 
DISCLOSURE 
SEC. 201. 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, sell, offer to sell, 
distribute, or import for sale or distribution within 
the United States any cigarettes the package of 
which fails to bear, in accordance with the require-
ments 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 dis-
ease’. 
‘WARNING: Smoking during pregnancy can harm 
your baby’.
135
‘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 
30 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 
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
136
all other printed material on the package, in an 
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-
137
tributor and is not altered by the retailer in a way 
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
138
Secretary may revise the required type sizes in such 
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
139
statements shall be in English, except that in the 
case of—
‘‘(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
140
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 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-
141
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—
‘‘(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. 202. 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
142
201, is further amended by adding at the end the fol-
lowing: 
‘‘(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. 203. 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-
143
strictions 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. 
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 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
144
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 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-
145
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 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—
146
‘‘(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). 
‘‘(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-
147
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-
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.’’.