123STA T . 1 846PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 0 9sucha cha ngewo u ldpr o m o t e greater pu b l i c understanding o f the ris k s associated with the use of tobacco products .’ ’. SEC.203 .S TA TE R E GUL AT ION O F CIGARETTE A DV ERTISING AND P RO -M OTION. S ection 5 of the F ederal C igarette L abeling and A d v ertising Act (1 5 U .S.C. 1 3 3 4) is amended b y adding at the end the following
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‘(c) EXCEPTION . —N otwithstanding subsection (b) , a State or locality may enact statutes and promulgate regulations, based on smoking and health, that take effect after the effective date of the Family Smoking P revention and T obacco Control Act, imposing specific bans or restrictions on the time, place, and manner, but not content, of the advertising or promotion of any cigarettes.’’. SEC. 20 4 . SMO K ELESS TO B ACCO LABELS AND ADVERTISING W ARNINGS. (a) A M EN D MENT.—Section 3 of the Comprehensive Smokeless Tobacco H ealth Education Act of 1 986 (15 U.S.C. 44 02 ) is amended to read as follows: ‘ ‘SEC. 3. SMOKELESS TOBACCO WARNING. ‘‘(a) G ENE RALRU LE.— ‘‘(1) I t 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 smokeless tobacco product unless the product package bears, in accordance with the re q uirements of this Act, one of the following labels: ‘‘ W ARNING: 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 paragraph (1) shall be— ‘‘(A) located on the 2 principal display panels of the package, and each label statement shall comprise at least 30 percent of each such display panel
and ‘‘( B )in1 7- point conspicuous and legible type and in black te x t on a white background, or white text on a black background, in a manner that contrasts by typog- raphy, 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 occupy more than 70 percent of the area specified by subparagraph (A), such text may appear in a smaller type si z e, so long as at least 60 percent of such warning area is occupied by the label statement. ‘‘(3) The label statements required by paragraph (1) shall be introduced by each tobacco product 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 distributor of any smokeless tobacco product that does not manufacture, package, or import smokeless tobacco products for sale or distribution within the United States.
