§ 1333. Labeling

Footnotes

1. 1 So in original. There are two subsecs. designated (d).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1965

   Federal Cigarette Labeling and Advertising Act

   Pub. L. 89–92 § 4 · 79 Stat. 282

   Enacted · 15 U.S.C. § 1333

   Pub. L. 89–92, § 4, July 27, 1965, 79 Stat. 283

   Source evidence

   Code source credit
   Pub. L. 89–92, § 4, July 27, 1965, 79 Stat. 283

   Enacted provision · exact public law section
   Sec. 4. labeling It shall be unlawful for any person to manufacture, import., or package for sale or distribution within the United States any cigarettes the package of which fails to bear the following statement: •“Caution: Cigarette Smoking May Be Hazardous to Your Health.” Such statement shall be located in a conspicuous place on every cigarette package and shall appear in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the package.

2. 1970

   Public Health Cigarette Smoking Act of 1969

   Pub. L. 91–222 § 2 · 84 Stat. 87

   Substituted · 15 U.S.C. § 1333

   Pub. L. 91–222 substituted “Warning: The Surgeon General Has Determined That Cigarette Smoking Is Dangerous to Your Health” for “Caution: Cigarette Smoking May Be Hazardous to Your Health.”

   Source evidence

   Code amendment note
   Pub. L. 91–222 substituted “Warning: The Surgeon General Has Determined That Cigarette Smoking Is Dangerous to Your Health” for “Caution: Cigarette Smoking May Be Hazardous to Your Health.”

   Enacted provision · exact public law section
   Sec. 2. Sections 2 through 10 of Public Law 89–92 (15 U.S.C. 1331–1338) are amended to read as follows: 79 Stat. 282. 15 USC 1331–1339. “Sec. 2. “declaration of policy It is the policy of the Congress, and the purpose of this Act, to establish a comprehensive Federal program to deal with cigarette labeling and advertising with respect to any relationship lie tween smoking and health, whereby— “(1) the public may be adequately informed that cigarette smoking may be hazardous to health by inclusion of a warning to that effect on each package of cigarettes: and “(2) commerce and the national economy may be (A) protected to the maximum extent consistent with this declared policy and (B) not impeded by diverse, nonuniform, and confusing cigarette labeling and advertising regulations with respect to any relationship between snicking and health. “Sec. 3. “definitions As used in this Act— “(1) The term ‘cigarette’ means— “(A) any roll of tobacco wrapped in paper or in any substance not containing tobacco, and “(B) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette describedin subparagraph (A). “(2) The term ‘commerce’ means (A) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island and any place outside thereof; (B) commerce between points in any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Mid-way Islands, Kingman Reef, or Johnston Island, but through any place outside thereof; or (C) commerce wholly within the District of Columbia, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island. “(3) The term ‘United States’, when used in a geographical sense, includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, and Johnston Island. The term ‘State’ includes any political division of any State, “(4) The term ‘package’ means a pack, box, carton, or container of any kind in which cigarettes are offered for sale, sold, or otherwise distributed to consumers. “(5) The term ‘person’ means an individual, partnership, corporation, or any other business or legal entity. “(6) The term ‘sale or distribution’ includes sampling or any other distribution not for sale. “Sec. 4. “labeling It shall be unlawful for any person to manufacture, import, or package for sale or distribution within the United States any cigarettes the package of which fails to bear the following statement: ‘Warning: The Surgeon General Has Determined That Cigarette Smoking Is Dangerous to Your Health’. Such statement shall be located in a conspicuous place on every cigarette package and shall appear in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the package. “Sec. 5. “preemption (a) No statement relating to smoking and health, other than the statement required by section 4 of this Act, shall be required on any cigarette package. “(b) No requirement or prohibition based on smoking and health shall be imposed under State law with respect to the advertising or promotion of any cigarettes the packages of which are labeled in conformity with the provisions of this Act. “Sec. 6. “unlawful advertisements After January 1, 1971, it shall be unlawful to advertise Termination date. cigarettes on any medium of electronic communication subject to the jurisdiction of the Federal Communications Commission. “Sec. 7. “federal trade commission (a) The Federal Trade Commission shall not take any action before July 1, 1971, with respect to its pending trade regulation rule proceeding relating to cigarette advertising. If at any time Notification of Congress. on or after July 1, 1971, the Federal Trade (Commission determines it is necessary to take action with respect to such pending trade regulation rule proceeding, it shall notify the Congress of the determination. Such notification shall include the text of the trade regulation rule and a full statement of the basis for such determination. No trade Trade regulation effective date. regulation rule adopted in such proceeding may take effect until six months after the Commission has notified the Congress of the text of such rule, in order that, the Congress may act if it so desires. “(b) Except as provided in subsection (a), nothing in this Act shall be construed to limit, restrict, expand, or otherwise affect the authority of the Federal Trade Commission with respect to unfair or deceptive acts or practices in the advertising of cigarettes. “(c) Nothing in this Act shall be construed to affirm or deny the Federal Trade Commission’s holding that it has the authority to issue trade regulation rules or to require an affirmative statement in any cigarette advertisement. “Sec. 8. “reports (a) The Secretary of Health, Education, and Welfare shall Report to Congress. transmit a report to the Congress not later than January 1, 1971, and annually thereafter, concerning (A) current information in the health consequences of smoking, and (B) such recommendations for legislation as he may deem appropriate. “(b) The Federal Trade Commission shall transmit a report to the Report to Congress. Congress not later than January 1, 1971, and annually thereafter, concerning (A) the effectiveness of cigarette labeling, (B) current practices and methods of cigarette advertising and promotion, and (C) such recommendations for legislation as it may deem appropriate. “Sec. 9. “criminal penalty Any person who violates the provisions of this Act shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than $10,000. “Sec. 10. “injunction proceedings The several district courts of the United States are invested with jurisdiction, for cause shown, to prevent and rest ram violations of this Act upon the application of the Attorney General of the United States acting through the several United States attorneys in their several districts. “Sec. 11. “cigarettes for export Packages of cigarettes manufactured, imported, or packaged Exemption. (1) for export from the United States or (2) for delivery to a vessel or aircraft, as supplies, for consumption beyond the jurisdiction of the internal revenue laws of the United States shall be exempt from the requirements of this Act, but such exemptions shall not apply to cigarettes manufactured, imported, or packaged for sale or distribution to members or units of the Armed Forces of the United States located outside of the United States. “Sec. 12. “separability If any provision of this Act or the application thereof to any person or circumstances is held invalid, the other provisions of this Act and the application of such provision to other persons or circumstances shall not be affected thereby.”

3. 1984

   Comprehensive Smoking Education Act

   Pub. L. 98–474 § 4(a) · 98 Stat. 2200

   1. Amended · 15 U.S.C. § 1333

      Pub. L. 98–474 amended section generally

   2. Amended · 15 U.S.C. § 1333

      Pub. L. 98–474 designating existing provisions as subsec. (a), expanding choice of warnings to be placed on cigarette packaging and further expanding scope of places that must contain warnings to include advertisements and outdoor billboards

   3. Added · 15 U.S.C. § 1333

      Pub. L. 98–474 adding subsecs. (b) to (d)

   Source evidence

   Code amendment note
   Pub. L. 98–474 amended section generally, designating existing provisions as subsec. (a), expanding choice of warnings to be placed on cigarette packaging and further expanding scope of places that must contain warnings to include advertisements and outdoor billboards, and adding subsecs. (b) to (d).

   Enacted provision · exact public law section
   (a) Section 4 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333) is amended to read as follows: “Sec. 4. “labeling (a) (1) It shall be unlawful for any person to manufacture, package, or import for sale or distribution within the United States any cigarettes the package of which fails to bear, in accordance with the requirements of this section, one of the following labels: “SURGEON GENERAL’S WARNING: Smoking Causes Lung Cancer, Heart Disease, Emphysema, And May Complicate Pregnancy. “SURGEON GENERAL’S WARNING: Quitting Smoking Now Greatly Reduces Serious Risks to Your Health. “SURGEON GENERAL’S WARNING: Smoking By Pregnant Women May Result in Fetal Injury, Premature Birth, And Low Birth Weight. “SURGEON GENERAL’S WARNING: Cigarette Smoke Contains Carbon Monoxide. “(2) It shall be unlawful for any manufacturer or importer of cigarettes to advertise or cause to be advertised (other than through the use of outdoor billboards) within the United States any cigarette unless the advertising bears, in accordance with the requirements of this section, one of the following labels: “SURGEON GENERAL’S WARNING: Smoking Causes Lung Cancer, Heart Disease, Emphysema, And May Complicate Pregnancy. “SURGEON GENERAL’S WARNING: Quitting Smoking Now Greatly Reduces Serious Risks to Your Health. “SURGEON GENERAL’S WARNING: Smoking By Pregnant Women May Result in Fetal Injury, Premature Birth, And Low Birth Weight. “SURGEON GENERAL’S WARNING: Cigarette Smoke Contains Carbon Monoxide. “(3) It shall be unlawful for any manufacturer or importer of cigarettes to advertise or cause to be advertised within the United States through the use of outdoor billboards any cigarette unless the advertising bears, in accordance with the requirements of this section, one of the following labels: “SURGEON GENERAL’S WARNING: Smoking Causes Lung Cancer, Heart Disease, And Emphysema. “SURGEON GENERAL’S WARNING: Quitting Smoking Now Greatly Reduces Serious Health Risks. “SURGEON GENERAL’S WARNING: Pregnant Women Who Smoke Risk Fetal Injury And Premature Birth. “SURGEON GENERAL’S WARNING: Cigarette Smoke Contains Carbon Monoxide. “(b) (1) Each label statement required by paragraph (1) of subsection (a) shall be located in the place label statements were placed on cigarette packages as of the date of the enactment of this subsection. The phrase ’Surgeon General’s Warning’ shall appear in capital letters and the size of all other letters in the label shall be the same as the size of such letters as of such date of enactment. All the letters in the label shall appear in conspicuous and legible type in contrast by typography, layout, or color with all other printed material on the package. “(2) The format of each label statement required by paragraph (2) of subsection (a) shall be the format required for label statements in cigarette advertising as of the date of the enactment of this subsection, except that the phrase ‘Surgeon General’s Warning’ shall appear in capital letters, the area of the rectangle enclosing the label shall be 50 per centum larger in size with a corresponding increase in the size of the type in the label, the width of the rule forming the border around the label shall be twice that in effect on such date, and the label may be placed at a distance from the outer edge of the advertisement which is one-half the distance permitted on such date. Each label statement shall appear in conspicuous and legible type in contrast by typography, layout, or color with all other printed material in the advertisement. “(3) The format and type style of each label statement required by paragraph (3) of subsection (a) shall be the format and type style required in outdoor billboard advertising as of the date of the enactment of this subsection. Each such label statement shall be printed in capital letters of the height of the tallest letter in a label statement on outdoor advertising of the same dimension on such date of enactment. Each such label statement shall be enclosed by a black border which is located within the perimeter of the format required in outdoor billboard advertising of the same dimension on such date of enactment and the width of which is twice the width of the vertical element of any letter in the label statement within the border. “(c) The label statements specified in paragraphs (1), (2), and (3) of subsection (a) shall be rotated by each manufacturer or importer of cigarettes quarterly in alternating sequence on packages of each brand of cigarettes manufactured by the manufacturer or importer and in the advertisements for each such brand of cigarettes in accordance with a plan submitted by the manufacturer or importer and approved by the Federal Trade Commission. The Federal Trade Commission shall approve a plan submitted by a manufacturer or importer of cigarettes which will provide the rotation required by this subsection and which assures that all of the labels required by paragraphs (1), (2), and (3) will be displayed by the manufacturer or importer at the same time. “(d) Subsection (a) does not apply to a distributor or a retailer of cigarettes who does not manufacture, package, or import cigarettes for sale or distribution within the United States.”.

4. 1985

   Nurse Education Amendments of 1985

   Pub. L. 99–92 § 11 · 99 Stat. 393

   1. Amended · 15 U.S.C. § 1333(c)

      Pub. L. 99–92 designated existing provisions as par. (1)

   2. Substituted · 15 U.S.C. § 1333(c)

      Pub. L. 99–92 substituted “Except as provided in paragraph (2), the” for “The label”

   3. Added · 15 U.S.C. § 1333(c)

      Pub. L. 99–92 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–92 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), the” for “The label”, and added par. (2).

   Enacted provision · exact public law section
   Sec. 11. rotation of label statements Section 4(c) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333(c)) is amended— (1) by striking out “The label” in the first sentence and inserting in lieu thereof “(1) Except as provided in paragraph (2), the label”; and (2) by inserting at the end the following: “(2) (A) A manufacturer or importer of cigarettes may apply to the Federal Trade Commission to nave the label rotation described in subparagraph (C) apply with respect to a brand of cigarettes manufactured or imported by such manufacturer or importer if— “(i) the number of cigarettes of such brand style sold in the fiscal year of the manufacturer or importer preceding the submission of the application is less than one-fourth of 1 percent of all the cigarettes sold in the United States in such year, and “(ii) more than one-half of the cigarettes manufactured or imported by such manufacturer or importer for sale in the United States are packaged into brand styles which meet the requirements of clause (i). If an application is approved by the Commission, the label rotation described in subparagraph (C) shall apply with respect to the applicant during the one-year period beginning on the date of the application approval. “(B) An applicant under subparagraph (A) shall include in its application a plan under which the label statements specified in paragraph (1) of subsection (a) will be rotated by the applicant manufacturer or importer in accordance with the label rotation described in subparagraph (C). “(C) Under the label rotation which a manufacturer or importer with an approved application may put into effect each of the labels specified in paragraph (1) of subsection (a) shall appear on the packages of each brand style of cigarettes with respect to which the application was approved an equal number of times within the twelve-month period beginning on the date of the approval by the Commission of the application.”. (b) Definition.— Section 3 of such Act (15 U.S.C. 1332) is amended 98 Stat. 2204. by redesignating paragraph (8) as paragraph (9) and by inserting after paragraph (7) the following: “(8) The term ‘brand style’ means a variety of cigarettes distinguished by the tobacco used, tar and nicotine content, flavoring used, size of the cigarette, filtration on the cigarette, or packaging.”. (c) Effective Date.— (1) The amendments made by subsection (a) shall take effect October 12, 1985, except that— (A) on and after the date of the enactment of this Act a manufacturer or importer of cigarettes may apply to the Federal Trade Commission to have the label rotation specified in section 4(c)(2) of the Federal Cigarette Labeling and Advertising Act, as amended by subsection (a), apply to its brand styles of cigarettes and the Commission may take action on such an application, and (B) a manufacturer or importer of cigarettes may elect to have the amendments apply at an earlier date or dates selected by the manufacturer or importer. (2) The Federal Trade Commission may, upon application of a manufacturer or importer of cigarettes with an approved application under section 4(c)(2) of the Federal Cigarette Labeling and Advertising Act, as amended by subsection (a), extend the effective date specified in paragraph (1) to January 11, 1986. The Commission may approve an application for such an extension only if the Commission determines that the effective date specified in such paragraph (1) would cause unreasonable economic hardship to the applicant. Section 4 of the Federal Cigarette Labeling and Advertising Act, as in effect before October 12, 98 Stat. 2201. 1985, shall apply with respect to a manufacturer or importer with an application approved under this paragraph.

5. 1985

   Health Services Amendments of 1985

   Pub. L. 99–117 § 11(d) · 99 Stat. 491

   Substituted · 15 U.S.C. § 1333(c)(2)(A)

   Pub. L. 99–117 substituted “brand style” for “brand” in provisions preceding cl. (i)

   Source evidence

   Code amendment note
   Subsec. (c)(2)(A). Pub. L. 99–117 substituted “brand style” for “brand” in provisions preceding cl. (i).

   Enacted provision · exact public law section
   (d) Section 4(c)(2)(A) of the Federal Cigarette Labeling and Advertising Act is amended by striking out “brand” the first place it 98 Stat. 2201. 15 USC 1333. appears and inserting in lieu thereof “brand style”.

6. 2009

   Family Smoking Prevention and Tobacco Control Act

   Pub. L. 111–31 § 201(a) · 123 Stat. 1776

   Amended · 15 U.S.C. § 1333

   Pub. L. 111–31, § 201(a), amended section generally. Prior to amendment, section related to cigarette labeling requirements

   Source evidence

   Code amendment note
   Pub. L. 111–31, § 201(a), amended section generally. Prior to amendment, section related to cigarette labeling requirements.

   Enacted provision · exact public law section
   (a) Amendment.— Section 4 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333) is amended to read as follows: “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 requirements of this section, one of the following labels:  “WARNING: Cigarettes are addictive.  “WARNING: Tobacco smoke can harm your children.  “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 disease in nonsmokers.  “WARNING: Quitting smoking now greatly reduces serious risks to your health. “(2) Placement; typography; etc.— 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 underneath the cellophane or other clear wrapping. Each label statement shall comprise the top 50 percent of the front and rear panels of the package. The word ‘WARNING’ shall appear in capital letters and all text shall be in conspicuous 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 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 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 distribution.— The provisions of this subsection do not apply to a tobacco product manufacturer or distributor 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 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 distributor; and “(C) is not altered by the retailer in a way that is material to the requirements of 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 specified 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 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 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 Secretary determines appropriate. 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 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 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 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 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). Regulations. 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 Time period. 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 manufacturer, importer, distributor, or retailer and approved by the Secretary. “(2) Rotation.— The label Deadline. statements specified in subsection (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 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 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 manufacturer, importer, distributor, or retailer at the same time. “(4) Applicability to retailers.— This subsection 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 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 Deadline. Regulations. 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 subsection (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, conspicuous, legible and appear within the specified area.” .

   Effective date note
   Pub. L. 111–31, div. A, title II, § 201(b), June 22, 2009, 123 Stat. 1845, provided that: “The amendment made by subsection (a) [amending this section] shall take effect 15 months after the issuance of the regulations required by subsection (a) [final rule issued June 22, 2011, eff. Sept. 22, 2012; see 76 F.R. 36628]. 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).”

7. 2009

   Family Smoking Prevention and Tobacco Control Act

   Pub. L. 111–31 § 202(b) · 123 Stat. 1776

   Added · 15 U.S.C. § 1333(d)

   Pub. L. 111–31, § 202(b), added subsec. (d) relating to change in required statements

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 111–31, § 202(b), added subsec. (d) relating to change in required statements.

   Enacted provision · exact public law section
   (b) Change in Required Statements.— Section 4 of the Federal 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 such a change would promote greater public understanding of the risks associated with the use of tobacco products.” .

   Effective date note
   Pub. L. 111–31, div. A, title II, § 201(b), June 22, 2009, 123 Stat. 1845, provided that: “The amendment made by subsection (a) [amending this section] shall take effect 15 months after the issuance of the regulations required by subsection (a) [final rule issued June 22, 2011, eff. Sept. 22, 2012; see 76 F.R. 36628]. 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).”

8. 2009

   Family Smoking Prevention and Tobacco Control Act

   Pub. L. 111–31 § 206 · 123 Stat. 1776

   Added · 15 U.S.C. § 1333(e)

   Pub. L. 111–31, § 206, added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 111–31, § 206, added subsec. (e).

   Enacted provision · exact public law section
   SEC. 206. TAR, NICOTINE, AND OTHER SMOKE CONSTITUENT DISCLOSURE TO THE PUBLIC.   Section 4 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333), as amended by sections 201 and 202, is further amended by adding at the end the following: “(e) Tar, Nicotine, and Other Smoke Constituent Disclosure.— “(1) In general.— The Secretary Regulations. shall, by a rulemaking conducted under section 553 of title 5, United States Code, determine (in the Secretary’s sole discretion) whether cigarette and other tobacco product manufacturers shall be required to include in the area of each cigarette advertisement specified by subsection (b) of this section, or on the package label, or both, the tar and nicotine yields of the advertised or packaged brand. Any such disclosure shall be in accordance with the methodology established under such regulations, shall conform to the type size requirements of subsection (b) of this section, and shall appear within the area specified in subsection (b) of this section. “(2) Resolution of differences.— Any differences between the requirements established by the Secretary under paragraph (1) and tar and nicotine yield reporting requirements established by the Federal Trade Commission shall be resolved by a memorandum of understanding between the Secretary and the Federal Trade Commission. “(3) Cigarette and other tobacco product constituents.— In addition to the disclosures required by paragraph (1), the Secretary may, under a rulemaking conducted under section 553 of title 5, United States Code, prescribe disclosure requirements regarding the level of any cigarette or other tobacco product constituent including any smoke constituent. Any such disclosure may be required if the Secretary determines that disclosure would be of benefit to the public health, or otherwise would increase consumer awareness of the health consequences of the use of tobacco products, except that no such prescribed disclosure shall be required on the face of any cigarette package or advertisement. Nothing in this section shall prohibit the Secretary from requiring such prescribed disclosure through a cigarette or other tobacco product package or advertisement insert, or by any other means under the Federal Food, Drug, and Cosmetic Act. “(4) Retailers.— This subsection Applicability. applies to a retailer only if that retailer is responsible for or directs the label statements required under this section.” .

   Effective date note
   Pub. L. 111–31, div. A, title II, § 201(b), June 22, 2009, 123 Stat. 1845, provided that: “The amendment made by subsection (a) [amending this section] shall take effect 15 months after the issuance of the regulations required by subsection (a) [final rule issued June 22, 2011, eff. Sept. 22, 2012; see 76 F.R. 36628]. 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).”

12 of 12 references resolved to an enrolled provision