15 U.S.C. § 4402 : US Code - Section 4402: Smokeless tobacco warning

Search 15 U.S.C. § 4402 : US Code - Section 4402: Smokeless tobacco warning

(a) General rule
(1) It shall be unlawful for any person to manufacture, package,
or import for sale or distribution within the United States any
smokeless tobacco product unless the product package bears, in
accordance with the requirements of this chapter, one of the
following labels:
"WARNING: THIS PRODUCT MAY CAUSE MOUTH CANCER
"WARNING: THIS PRODUCT MAY CAUSE GUM DISEASE AND TOOTH LOSS
"WARNING: THIS PRODUCT IS NOT A SAFE ALTERNATIVE TO
CIGARETTES".
(2) It shall be unlawful for any manufacturer, packager, or
importer of smokeless tobacco products to advertise or cause to be
advertised (other than through the use of outdoor billboard
advertising) within the United States any smokeless tobacco product
unless the advertising bears, in accordance with the requirements
of this chapter, one of the labels required by paragraph (1).
(b) Label format
The Federal Trade Commission shall issue regulations requiring
the label statement required by subsection (a) of this section to
appear -
(1) in the case of the smokeless tobacco product package -
(A) in a conspicuous and prominent place on the package, and
(B) in a conspicuous format and in conspicuous and legible
type in contrast with all other printed material on the
package, and
(2) in the case of advertising subject to subsection (a)(2) of
this section -
(A) in a conspicuous and prominent location in the
advertisement and in conspicuous and legible type in contrast
with all other printed material in the advertisement,
(B) in the following format:

(C) the label statement shall appear in capital letters and
the area of the circle and arrow shall be determined by the
Federal Trade Commission.
(c) Label display
The Federal Trade Commission shall issue regulations requiring
each label statement required by subsection (a) of this section to -

(1) in the case of a smokeless tobacco product package, be
randomly displayed by each manufacturer, packager, or importer of
a smokeless tobacco product 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 parts of the United States in
which such product is marketed, and
(2) in the case of any advertisement of a smokeless tobacco
product, be rotated every 4 months by each manufacturer,
packager, or importer of a smokeless tobacco product in an
alternating sequence in the advertisement for each brand of the
product.
(d) Plan
(1) Each manufacturer, packager, or importer of a smokeless
tobacco product shall submit a plan to the Federal Trade Commission
which specifies the method such manufacturer, packager, or importer
will use to rotate, display, and distribute the statements required
by subsection (a) of this section in accordance with the
requirements of subsections (b) and (c) of this section.
(2) The Federal Trade Commission shall approve a plan submitted
by a manufacturer, packager, or importer of a smokeless tobacco
product under paragraph (1) if such plan provides for the rotation,
display, and distribution on smokeless tobacco product packages and
advertisements of the statements required by subsection (a) of this
section in a manner which complies with this section and the
regulations promulgated pursuant to this section.
(e) Application
This section does not apply to a distributor or a retailer of any
smokeless tobacco product which does not manufacture, package, or
import smokeless tobacco products for sale or distribution within
the United States.
(f) Television and radio advertising
Effective 6 months after February 27, 1986, it shall be unlawful
to advertise smokeless tobacco on any medium of electronic
communications subject to the jurisdiction of the Federal
Communications Commission.