Page:United States Statutes at Large Volume 123.djvu/1864

 123STA T . 1 84 4 PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9inthelab el s tate m ents .T he te x t of s uc h label statements shallbeinat yp eface p r o rata to the follo w in g re q uirements
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point type for a whole-page broa d sheet newspaper ad v ertise- ment -point type for a half-page broadsheet newspaper advertisement; 39-point type for a whole-page tabloid news- paper advertisement; 27 -point type for a half-page tabloid news- paper advertisement; 3 1 .5-point type for a double page spread maga z ine or whole-page magazine advertisement; 22.5-point typefora2 8 centimeter by 3 column advertisement; and 15- point type for a 2 0 centimeter by 2 column advertisement. The label statements shall be in E nglish , 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) MATCHBO O KS .— N otwithstanding paragraph (2), for matchboo k s (defined as containing not more than 20 matches) customarily given away with the purchase of tobacco products, each label statement required by subsection (a) may be printed on the inside cover of the matchbook. ‘‘(4) A DJU ST MEN TB Y SEC R ETARY.—The S ecretary may, through a rulemaking under section 553 of title 5, U nited States C ode, ad j ust the format and type sizes for the label statements required by this section; the text, format, and type sizes of any required tar, nicotine yield, or other constituent (including smoke constituent) disclosures; or the text, format, and type sizes for any other disclosures required under the F ederal Food, D rug, and Cosmetic Act. The text of any such label statements or disclosures shall be required to appear only within the 20 percent area of cigarette advertisements provided by paragraph (2). The Secretary shall promulgate regulations which provide for adjustments in the format and type sizes of any text required to appear in such area to ensure that the total text required to appear by law will fit within such area. ‘‘(c) MARKET I N GR E Q UIREMENTS.— ‘‘(1) RANDOM DIS PL AY.—The label statements specified in subsection (a)(1) shall be randomly displayed 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 areas of the United States in which the product is marketed in accordance with a plan submitted by the tobacco product manu- facturer, importer, distributor, or retailer and approved by the Secretary. ‘‘(2) ROTATION.—The label statements specified in sub- section (a)(1) shall be rotated quarterly in alternating sequence in advertisements for each brand of cigarettes in accordance with a plan submitted by the tobacco product manufacturer, importer, distributor, or retailer to, and approved by, the Sec- retary. ‘‘(3) RE V IE W .—The Secretary shall review each plan sub- mitted under paragraph (2) and approve it if the plan— Deadlin e .T i m e p e r i o d. R e gu la t ion s .
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