§4402 Smokeless tobacco warning

Summary

Companies may not make, sell, or import smokeless tobacco in the United States unless the package shows one of four warning messages. The warnings must tell customers that the product can cause mouth cancer; can cause gum disease and tooth loss; is not a safe alternative to cigarettes; or is addictive. Each warning must appear on both main sides of the package and cover at least 30% of each side. The words must be easy to read, in 17-point type, and be black on white or white on black so they stand out. If a warning would use more than 70% of the required area, the type can be smaller but the warning must still fill at least 60% of that space. Manufacturers must put the warnings into the product supply at the same time. Ads also must show one of the same warnings. For press and poster ads the warning must take up at least 20% of the ad. The word “WARNING” must be in all capital letters and the warning must be inside a rectangular border that matches the letter color. Warnings must be rotated and spread out across brands and regions under a plan approved by the Secretary. Retailers are not liable if they sell packaging that already has the required warning, came from a licensed maker or distributor, and was not materially altered. It is illegal to advertise smokeless tobacco on electronic communications that the Federal Communications Commission controls. The Secretary can change sizes, formats, add pictures, or raise the package warning area up to 50% if that would help public understanding.