121 
cupy more than 70 percent of such area, in which 
case the text may be in a smaller conspicuous 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 contrasts, by typog-
raphy, layout, or color, with all other printed mate-
rial 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 smoking article man-
ufacturer, importer, or distributor; and 
‘‘(C) is not altered by the retailer in a way 
that is material to the requirements of this sub-
section. 
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122 
‘‘(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 bottom of each 
advertisement within the trim area. The word 
‘WARNING’ shall appear in capital letters, and each 
label statement shall appear in conspicuous and leg-
ible 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 
subsection (c). The label statements shall be en-
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123 
closed 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 requirements: 45-point type for a 
whole-page broadsheet newspaper advertisement; 39- 
point type for a half-page broadsheet newspaper ad-
vertisement; 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 centimeter by 3 column advertisement; and 15- 
point type for a 20 centimeter by 2 column adver-
tisement. 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 lan-
guage of the publication; and 
‘‘(B) in the case of any other advertise-
ment that is not in English, the statements 
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124 
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 smokeless tobacco products, each 
label statement required by subsection (a) may be 
printed on the inside cover of the matchbook. 
‘‘(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 smoke-
less tobacco product manufacturer, importer, dis-
tributor, or retailer 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 smokeless tobacco product manufac-
turer, importer, distributor, or retailer to, and ap-
proved by, the Secretary. 
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125 
‘‘(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 
smokeless tobacco product manufacturer, im-
porter, distributor, 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 24 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-
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126 
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 
4 of the Federal Cigarette Labeling and Advertising Act 
(15 U.S.C. 1333), as amended by subsection (a). 
SEC. 202. 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 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 has signifi-
cantly lower risks for diseases associated with 
cigarettes. 
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128 
‘‘(b) REQUIRED LABELS.— 
‘‘(1) It shall be unlawful for any smokeless to-
bacco product 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 require-
ments of this section, one of the labels specified in 
subsection (a). 
‘‘(2)(A) Each label statement required by sub-
section (a) in smokeless tobacco advertising shall 
comply with the standards set forth in this para-
graph. 
‘‘(B) For press and poster advertisements, each 
such statement and (where applicable) any required 
statement relating to 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 legible 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). 
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129 
‘‘(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 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. 
‘‘(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 lan-
guage of the publication; and 
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130 
‘‘(ii) in the case of any other advertisement 
that is not in English, the statements shall ap-
pear in the same language as that principally 
used in the advertisement. 
‘‘(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 smokeless tobacco product 
manufacturer, 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 smokeless tobacco product manu-
facturer, importer, distributor, or retailer to, and ap-
proved by, the Secretary. 
‘‘(C) The Secretary shall review each plan sub-
mitted under subparagraphs (A) and (B) and ap-
prove it if the plan— 
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131 
‘‘(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 
smokeless tobacco product manufacturer, im-
porter, distributor, 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 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. 
‘‘(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.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect 24 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 
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132 
of manufacture, that is not in conformance with section 
3 of the Comprehensive Smokeless Tobacco Health Edu-
cation Act of 1986 (15 U.S.C. 4402), as amended by sub-
section (a). 
TITLE III—PUBIC DISCLOSURES 
BY 
TOBACCO 
PRODUCTS 
MANUFACTURERS 
SEC. 301. DISCLOSURES ON PACKAGES OF TOBACCO PROD-
UCTS. 
(a) BACK FACE FOR REQUIRED DISCLOSURES.—For 
purposes of this section— 
(1) the principal face of a package of a tobacco 
product is the face that has the largest surface area 
or, for faces with identical surface areas, any of the 
faces that have the largest surface area; a package 
shall not be characterized as having more than 2 
principal faces; 
(2) the front face shall be the principal face of 
the package; 
(3) if the front and back faces are of different 
sizes in terms of area, then the larger face shall be 
the front face; 
(4) the back face shall be the principal face of 
a package that is opposite the front face of the pack-
age; 
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133 
(5) the bottom 50 percent of the back face of 
the package shall be allocated for required package 
disclosures in accordance with this section; and 
(6) if a package of a tobacco product is cylin-
drical, a contiguous area constituting 30 percent of 
the total surface area of the cylinder shall be deemed 
the back face. 
(b) REQUIRED INFORMATION ON BACK FACE.—Not 
later than 24 months after the effective date of this Act, 
the bottom 50 percent of the back face of a package of 
a tobacco product shall be available solely for disclosures 
required by or under this Act, the Federal Cigarette La-
beling and Advertising Act, sections 1331–1340 of title 
15, United States Code, and any other Federal statute. 
Such disclosures shall include— 
(1) the printed name and address of the manu-
facturer, packer, or distributor, and any other iden-
tification associated with the manufacturer, packer, 
or distributor or with the tobacco product that the 
Administrator may require; 
(2) a list of ingredients as required by sub-
section (e); and 
(3) the appropriate tax registration number. 
(c) PACKAGE DISCLOSURE OF INGREDIENTS.—Not 
later than 24 months after the effective date of this Act, 
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136 
of the package shall be allocated for required pack-
age disclosures in accordance with this section; and 
(6) if the package is cylindrical, a contiguous 
area constituting 30 percent of the total surface 
area of the cylinder shall be deemed the back face. 
(b) REQUIRED INFORMATION ON BACK OR BOTTOM 
FACE.—50 percent of the back or bottom face of a pack-
age of smokeless tobacco shall be available solely for dis-
closures required by or under this Act, the Comprehensive 
Smokeless Tobacco Health Education Act of 1986, sec-
tions 4401–4408 of title 15, United States Code, and any 
other Federal statute. Such disclosures shall include a list 
of ingredients as required by subsection (e). 
(c) PACKAGE DISCLOSURE OF INGREDIENTS.—Com-
mencing 24 months after the effective date of this Act, 
a package of smokeless tobacco shall bear a list of the 
common or usual names of the ingredients present in the 
smokeless tobacco in an amount greater than 0.1 percent 
of the total dry weight of the tobacco (including all ingre-
dients). 
(1) Such listing of ingredients shall appears 
under, or be conspicuously accompanied by, the 
heading ‘‘Tobacco and principal tobacco ingredi-
ents’’. 
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137 
(2) Tobacco may be listed as ‘‘tobacco,’’ and 
shall be the first listed ingredient. 
(3) After tobacco, the ingredients shall be listed 
in descending order of predominance, by weight. 
(4) Spices and natural and artificial flavors 
may be listed, respectively, as ‘‘spices’’ and ‘‘natural 
and artificial flavors’’ without naming each. 
(5) Preservatives may be listed as ‘‘preserva-
tives’’ without naming each. 
(6) The disclosure of any ingredient in accord-
ance with this section may, at the option of the to-
bacco 
product 
manufacturer, 
designate 
the 
functionality or purpose of that ingredient. 
(7) Not for sale to minors. 
SEC. 303. PUBLIC DISCLOSURE OF INGREDIENTS. 
(a) REGULATIONS.—Not later than 24 months after 
the effective date of this Act, the Administrator shall, by 
regulation, establish standards under which each tobacco 
product manufacturer shall disclose publicly, and update 
at least annually— 
(1) a list of the ingredients it uses in each 
brand style it manufactures for commercial distribu-
tion domestically, as provided in subsection (b); and 
(2) a composite list of all the ingredients it uses 
in any of the brand styles it manufactures for com-
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mercial distribution domestically, as provided in sub-
section (c). 
(b) INGREDIENTS TO BE DISCLOSED AS TO EACH 
BRAND STYLE.— 
(1) IN GENERAL.—With respect to the public 
disclosure required by subsection (a)(1), as to each 
brand style, the tobacco product manufacture shall 
disclose the common or usual name of each ingre-
dient present in the brand style in an amount great-
er than 0.1 percent of the total dry weight of the to-
bacco (including all ingredients). 
(2) REQUIREMENTS.—Disclosure under para-
graph (1) shall comply with the following: 
(A) Tobacco may be listed as ‘‘tobacco,’’ 
and shall be the first listed ingredient. 
(B) After tobacco, the ingredients shall be 
listed in descending order of predominance, by 
weight. 
(C) Spices and natural and artificial fla-
vors may be listed, respectively, as ‘‘spices’’ and 
‘‘natural and artificial flavors’’ without naming 
each. 
(D) Preservatives may be listed as ‘‘pre-
servatives’’ without naming each. 
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139 
(E) The disclosure of any ingredient in ac-
cordance with this section may, at the option of 
the tobacco product manufacturer, designate 
the functionality or purpose of that ingredient. 
(c) AGGREGATE DISCLOSURE OF INGREDIENTS.— 
(1) IN
GENERAL.—The public disclosure re-
quired of a tobacco product manufacturer by sub-
section (a)(2) shall consist of a single list of all in-
gredients used in any brand style a tobacco product 
manufacturer manufactures for commercial distribu-
tion domestically, without regard to the quantity 
used, and including, separately, each spice, each nat-
ural or artificial flavoring, and each preservative. 
(2) LISTING.—The ingredients shall be listed by 
their respective common or usual names in descend-
ing order of predominance by the total weight used 
annually by the tobacco product manufacturer in 
manufacturing tobacco products for commercial dis-
tribution domestically. 
(d) NO REQUIRED DISCLOSURE OF QUANTITIES.— 
The Administrator shall not require any public disclosure 
of quantitative information about any ingredient in a to-
bacco product. 
(e) DISCLOSURE ON WEBSITE.—The public disclo-
sures required by subsection (a) of this section may be 
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by posting on an Internet-accessible website, or other loca-
tion electronically accessible to the public, which is identi-
fied on all packages of a tobacco product manufacturer’s 
tobacco products. 
(f) TIMING OF INITIAL REQUIRED DISCLOSURES.— 
No disclosure pursuant to this section shall be required 
to commence until the regulations under subsection (a) 
have been in effect for not less than 1 year. 
TITLE IV—PREVENTION OF IL-
LICIT 
TRADE 
IN 
TOBACCO 
PRODUCTS 
SEC. 401. STUDY AND REPORT ON ILLICIT TRADE. 
(a) The Administrator shall, after consultation with 
other relevant agencies including Customs and Tobacco 
Tax Bureau, conduct a study of trade in tobacco products 
that involves passage of tobacco products either between 
the States or from or to any other country across any bor-
der of the United States to— 
(1) collect data on such trade in tobacco prod-
ucts, including illicit trade involving tobacco prod-
ucts, and make recommendations on the monitoring 
and enforcement of such trade; 
(2) collect data on any advertising intended to 
be broadcast, transmitted, or distributed from or to 
the United States from or to another country and 
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