§ 1333. — Labeling; requirements; conspicuous statement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1333]
TITLE 15--COMMERCE AND TRADE
CHAPTER 36--CIGARETTE LABELING AND ADVERTISING
Sec. 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.
(Pub. L. 89-92, Sec. 4, July 27, 1965, 79 Stat. 283; Pub. L. 91-222,
Sec. 2, Apr. 1, 1970, 84 Stat. 88; Pub. L. 98-474, Sec. 4(a), Oct. 12,
1984, 98 Stat. 2201; Pub. L. 99-92, Sec. 11[(a)], Aug. 16, 1985, 99
Stat. 402; Pub. L. 99-117, Sec. 11(d), Oct. 7, 1985, 99 Stat. 495.)
Amendments
1985--Subsec. (c). Pub. L. 99-92 designated existing provisions as
par. (1), substituted ``Except as provided in paragraph (2), the'' for
``The label'', and added par. (2).
Subsec. (c)(2)(A). Pub. L. 99-117 substituted ``brand style'' for
``brand'' in provisions preceding cl. (i).
1984--Pub. L. 98-474 amended section generally, designating existing
provisions as subsec. (a), expanding choice of warnings to be placed on
cigarette packaging and further expanding scope of places that must
contain warnings to include advertisements and outdoor billboards, and
adding subsecs. (b) to (d).
1970--Pub. L. 91-222 substituted ``Warning: The Surgeon General Has
Determined That Cigarette Smoking Is Dangerous to Your Health'' for
``Caution: Cigarette Smoking May Be Hazardous to Your Health.''
Effective Date of 1985 Amendment
Section 11(c) of Pub. L. 99-92 provided that:
``(1) The amendments made by subsection (a) [probably refers to
undesignated par. preceding subsec. (b), amending this section] shall
take effect October 12, 1985, except that--
``(A) on and after the date of the enactment of this Act [Aug.
16, 1985] a manufacturer or importer of cigarettes may apply to the
Federal Trade Commission to have the label rotation specified in
section 4(c)(2) of the Federal Cigarette Labeling and Advertising
Act [subsec. (c)(2) of this section], as amended by subsection (a),
apply to its brand styles of cigarettes and the Commission may take
action on such an application, and
``(B) a manufacturer or importer of cigarettes may elect to have
the amendments apply at an earlier date or dates selected by the
manufacturer or importer.
``(2) The Federal Trade Commission may, upon application of a
manufacturer or importer of cigarettes with an approved application
under section 4(c)(2) of the Federal Cigarette Labeling and Advertising
Act [subsec. (c)(2) of this section], as amended by subsection (a),
extend the effective date specified in paragraph (1) to January 11,
1986. The Commission may approve an application for such an extension
only if the Commission determines that the effective date specified in
such paragraph (1) would cause unreasonable economic hardship to the
applicant. Section 4 of the Federal Cigarette Labeling and Advertising
Act [this section], as in effect before October 12, 1985, shall apply
with respect to a manufacturer or importer with an application approved
under this paragraph.''
Effective Date of 1984 Amendment
Section 4(b) of Pub. L. 98-474 provided that: ``The amendment made
by subsection (a) [amending this section] shall take effect upon the
expiration of a one-year period beginning on the date of the enactment
of this Act [Oct. 12, 1984].''
Effective Date of 1970 Amendment
Section 3 of Pub. L. 91-222 provided in part that: ``Section 4 of
the amendment made by this Act [amending this section] shall take effect
on the first day of the seventh calendar month which begins after the
date of the enactment of this Act [Apr. 1, 1970].''
Section Referred to in Other Sections
This section is referred to in sections 1334, 1336 of this title;
title 19 section 1681a.
