123STA T . 1 845PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 0 9‘ ‘ (A)wil l prov i def or th ee qua ldi s tri b utio n and displa y on pa ck a g ing 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 m anufac - turer , importer, distributor, or retailer at the same time . ‘‘( 4 )A P P LICAB ILI TY T ORE TAILER S . —T his subsection and sub- section (b) apply to a retailer only if that retailer is responsible for or directs the label statements required under this section e x cept 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) G RAP H IC L ABEL S TATE M E N TS.— N ot later than 2 4 months after the date of enactment of the F amily Smoking P revention and Tobacco C ontrol Act, the Secretary shall issue regulations that require color graphics depicting the negative health consequences of smoking to accompany the label statements specified in sub- section (a)( 1 ). The Secretary may ad j ust the type si z e, 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, con- spicuous, legible and appear within the specified area. ’ ’. (b) EF FECTI V E D ATE.—The amendment made by subsection (a) shall take effect 1 5 months after the issuance of the regulations required by subsection (a). 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 U nited 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.20 2. AUTHORI T Y TO RE V ISE CI G ARETTE W AR N ING L A B EL STATE -M ENTS. (a) PREEMPTION.—Section 5(a) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1334(a)) is amended by striking ‘‘No’’ and inserting ‘‘Except to the extent the Secretary requires additional or different statements on any cigarette package by a regulation, by an order, by a standard, by an authorization to market a product, or by a condition of marketing a product, pursuant to the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), or as required under section 9 03(a)(2) or section 920(a) of the Federal Food, Drug, and Cosmetic Act, no’’. (b) CHAN G EIN R E QU IRE D STATEMENTS.—Section 4 of the Fed- eral 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 15USC 1 3 33 note.D e adli ne. R e gu lation s .
