Page:United States Statutes at Large Volume 123.djvu/1863

 123STA T . 1 84 3 PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9‘ ‘ WARNI N G:Quit ti ngsmok ing no w g rea t ly re d u c es serious risks to your h ealth . ‘‘ (2)PLACEM E NT; T YPOGR AP H Y; ETC. —E ach la b el statement re q uired by p aragraph ( 1 ) shall be located in the upper portion o f the front and rear panels of the package , directly on the package underneath the cellophane or other clear wrapping. Each label statement shall comprise the top 50 percent of the front and rear panels of the package. T he word ‘WARNING ’ shall appear in capital letters and all te x t shall be in con - spicuous and legible 1 7 -point type, unless the text of the label statement would occupy more than 70 percent of such area, in which case the text may be in a smaller conspicuous and legible type si z e, pro v ided that at least 6 0 percent of such area is occupied by required text. The text shall be black on a white background, or white on a black background, in a manner that contrasts, by typography, layout, or color, with all other printed material on the package, in an alternating fashion under the plan submitted under subsection (c). ‘‘( 3 ) D OE S NOT APPLY TO F ORE I GN D ISTRI BU TION.—The provi- sions of this subsection do not apply to a tobacco product manufacturer or distributor of cigarettes which does not manu- facture, package, or import cigarettes for sale or distribution within the U nited S tates. ‘‘( 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 dis- tributor; and ‘‘( C ) is not altered by the retailer in a way that is material to the requirements of this subsection. ‘‘(b) AD V ERTISING RE Q UIREMENTS.— ‘‘(1) IN GENERAL.—It shall be unlawful for any tobacco product manufacturer, importer, distributor, or retailer of ciga- rettes to advertise or cause to be advertised within the United States any cigarette unless its advertising bears, in accordance with the requirements of this section, one of the labels specified in subsection (a). ‘‘(2) TYPOGRAPHY, ETC.—Each label statement required by subsection (a) in cigarette advertising shall comply with the standards set forth in this paragraph. F or press and poster advertisements, each such statement and (where applicable) any required statement relating to tar, nicotine, or other con- stituent (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’