§4402 Smokeless Tobacco Warning

Summary

Manufacturers, packagers, importers, distributors, and sellers must put one of four specific health warnings on every smokeless tobacco package sold or brought into the United States: that it can cause mouth cancer; that it can cause gum disease and tooth loss; that it is not a safe alternative to cigarettes; or that it is addictive. Each warning must appear on the two main display panels and cover at least 30% of each panel. The words must be in 17‑point readable type and be black on white or white on black so they stand out. If a warning’s wording would take more than 70% of the area, the type may be smaller as long as the warning still fills at least 60% of the required space. Retailers are not violating the rule if they use packaging supplied by a licensed manufacturer, importer, or distributor that includes the required warning and the retailer does not materially change it. All print and poster advertising must also show one of the warnings and use a strong, readable format. Press and poster warnings must take up at least 20% of the ad. The ads must use alternating black-on-white or white-on-black text, include the warning in clear capital letters, and have a rectangular border the same color as the letters. Exact type sizes are specified for different ad sizes (for example, 45‑point for a whole‑page broadsheet, 39‑point for a half‑page broadsheet, 31.5‑point for a full magazine page, down to 15‑point for a small column ad). Warnings must be rotated and evenly shown across brands over each 12‑month period and changed quarterly in ads under a plan approved by the federal official who reviews these plans. Advertising over electronic communications regulated by the FCC is banned. That federal official can change formats, sizes, require color graphics, increase label area up to 50% of package panels, or make other adjustments if those changes would help people understand the risks better.