123STA T . 1 847PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 0 9‘ ‘ (5)Aretail er ofsm o k eless to b a c co p ro du cts s h all n ot be in v iolation of this subsection for packa g ing that — ‘‘(A) contains a w arning label
‘‘( B ) is supplied to the retailer b y a license - or permit- holding tobacco product manufacturer , importer, or dis- tributor; and ‘‘( C ) is not altered by the retailer in a way that is material to the re q uirements of this subsection . ‘‘(b) REQUIR E DLAB E LS .— ‘‘( 1 ) I t shall be unlawful for any tobacco product manufac- turer, packager, importer, distributor, or retailer of smokeless tobacco products to advertise or cause to be advertised within the U nited S tates 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 )(A) E ach label statement required by subsection (a) in smokeless tobacco advertising shall comply with the stand- ards set forth in this paragraph. ‘‘(B) F or press and poster advertisements, each such state- ment and (where applicable) any required statement relating to tar, nicotine, or other constituent yield shall comprise at least 2 0 percent of the area of the advertisement. ‘‘(C) T he word ‘ W AR N IN G’ shall appear in capital letters, and each label statement shall appear in conspicuous and leg- ible type. ‘‘( D )Thete x t 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 ). ‘‘(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
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5-point type for a whole-page broadsheet newspaper advertisement; 3 9 -point type for a half-page broadsheet newspaper advertisement; 39-point type for a whole-page tabloid newspaper advertisement; 2 7 - point type for a half-page tabloid newspaper advertisement; 31.5-point type for a double page spread maga z ine or whole- page magazine advertisement; 22.5-point type for a 2 8 centi- meter by 3 column advertisement; and 15-point type for a 20 centimeter 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 language of the publication; and ‘‘(ii) 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)(A) The label 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
