§ 4402. — Smokeless tobacco warning.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC4402]
TITLE 15--COMMERCE AND TRADE
CHAPTER 70--COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION
Sec. 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:
<GRAPHIC(S) NOT AVAILABLE IN TIFF 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.
(Pub. L. 99-252, Sec. 3, Feb. 27, 1986, 100 Stat. 30.)
Effective Date
Subsec. (a) effective one year after Feb. 27, 1986, and subsecs. (b)
to (e) effective Feb. 27, 1986, see section 11 of Pub. L. 99-252, set
out as a note under section 4401 of this title.
Section Referred to in Other Sections
This section is referred to in sections 4404, 4405, 4406 of this
title.
