View all text of Chapter 36 [§ 1331 - § 1341]
§ 1333. Labeling
(a) Label requirements
(1) In general
(2) Placement; typography; etc.
(3) Does not apply to foreign distribution
(4) Applicability to retailers
A retailer of cigarettes shall not be in violation of this subsection for packaging that—
(A) contains a warning label;
(B) is supplied to the retailer by a license- or permit-holding tobacco product manufacturer, importer, or distributor; and
(C) is not altered by the retailer in a way that is material to the requirements of this subsection.
(b) Advertising requirements
(1) In general
(2) Typography, etc.
Each label statement required by subsection (a) in cigarette advertising shall comply with the standards set forth in this paragraph. For press and poster advertisements, each such statement and (where applicable) any required statement relating to tar, nicotine, or other constituent (including a smoke constituent) yield shall comprise at least 20 percent of the area of the advertisement and shall appear in a conspicuous and prominent format and location at the top of each advertisement within the trim area. The Secretary may revise the required type sizes in such area in such manner as the Secretary determines appropriate. The word “WARNING” shall appear in capital letters, and each label statement shall appear in conspicuous and legible type. The text of the label statement shall be black if the background is white and white if the background is black, under the plan submitted under subsection (c). 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. The text of such label statements shall be in a typeface pro rata to the following requirements: 45-point type for a whole-page broadsheet newspaper advertisement; 39-point type for a half-page broadsheet newspaper advertisement; 39-point type for a whole-page tabloid newspaper advertisement; 27-point type for a half-page tabloid newspaper advertisement; 31.5-point type for a double page spread magazine or whole-page magazine advertisement; 22.5-point type for a 28 centimeter by 3 column advertisement; and 15-point type for a 20 centimeter by 2 column advertisement. The label statements shall be in English, except that—
(A) 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
(B) 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) Matchbooks
(4) Adjustment by Secretary
(c) Marketing requirements
(1) Random display
(2) Rotation
(3) Review
The Secretary shall review each plan submitted under paragraph (2) and approve it if the plan—
(A) will provide for the equal distribution and display on packaging 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 manufacturer, importer, distributor, or retailer at the same time.
(4) Applicability to retailers
(d)1
1 So in original. There are two subsecs. designated (d).
Graphic label statements(d)1 Change in required statements
(e) Tar, nicotine, and other smoke constituent disclosure
(1) In general
(2) Resolution of differences
(3) Cigarette and other tobacco product constituents
(4) Retailers
(Pub. L. 89–92, § 4, July 27, 1965, 79 Stat. 283; Pub. L. 91–222, § 2, Apr. 1, 1970, 84 Stat. 88; Pub. L. 98–474, § 4(a), Oct. 12, 1984, 98 Stat. 2201; Pub. L. 99–92, § 11[(a)], Aug. 16, 1985, 99 Stat. 402; Pub. L. 99–117, § 11(d), Oct. 7, 1985, 99 Stat. 495; Pub. L. 111–31, div. A, title II, §§ 201(a), 202(b), 206, June 22, 2009, 123 Stat. 1842, 1845, 1849.)