15 U.S.C. § 1333 : US Code - Section 1333: Labeling; requirements; conspicuous statement

Search 15 U.S.C. § 1333 : US Code - Section 1333: Labeling; requirements; conspicuous statement

(a) Required warnings; packages; advertisements; billboards
(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) Conspicuous statement; label statement format; outdoor
billboard statement format
(1) Each label statement required by paragraph (1) of subsection
(a) of this section shall be located in the place label statements
were placed on cigarette packages as of October 12, 1984. 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 October 12, 1984. 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) of this section shall be the format required for
label statements in cigarette advertising as of October 12, 1984,
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
October 12, 1984, and the label may be placed at a distance from
the outer edge of the advertisement which is one-half the distance
permitted on October 12, 1984. 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) of this section shall be the format
and type style required in outdoor billboard advertising as of
October 12, 1984. 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 October
12, 1984. 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 October
12, 1984, and the width of which is twice the width of the vertical
element of any letter in the label statement within the border.
(c) Rotation of label statement; plan; submission to Federal Trade
Commission
(1) Except as provided in paragraph (2), the label statements
specified in paragraphs (1), (2), and (3) of subsection (a) of this
section 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.
(2)(A) A manufacturer or importer of cigarettes may apply to the
Federal Trade Commission to have the label rotation described in
subparagraph (C) apply with respect to a brand style 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) of this section 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) of this section 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.
(d) Application; distributors; retailers
Subsection (a) of this section 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.