123STA T . 1 849PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 09 ofti t le5,Un ite dS t a te sC ode, ad ju stt h efo rm at, t yp esi z e, and te x tofanyofthela b el re q uirements, require c olor g raphics to accompany the text, increase the required label area from 30 percent up to 50 percent of the front and rear panels of the pac k age, or establish the format, type size, and text of any other disclosures required under the F ederal Food, D rug, and Cosmetic A ct, if the Secretary finds that such a change w ould promote greater public understanding of the risks associated with the use of smokeless tobacco products .’ ’. ( b )PRE E MPTION . — Section 7 (a) of the Comprehensi v e Smokeless T obacco H ealth E ducation Act of 1986 (15 U.S.C. 4 406(a)) is amended by striking ‘ ‘ N o’’ and inserting ‘‘Except as provided in the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), no’’. SEC.206 . TAR,NI C O TINE, AN D OT H ERS M O K E CONSTIT U ENT DISC L O - SURE TO THE P U B LIC. Section 4 of the Federal Cigarette L abeling and Advertising Act (15 U.S.C. 1333), as amended by sections 2 01 and 202, is further amended by adding at the end the following
‘‘(e) T A R, NI C OTINE, AN DO T H ER SMO K E CON S TIT U ENT DISC L O - SURE.— ‘‘(1) I N G ENERAL.—The Secretary shall, by a rulemaking conducted under section 553 of title 5, United States Code, determine (in the Secretary’s sole discretion) whether cigarette and other tobacco product manufacturers shall be required to include in the area of each cigarette advertisement specified by subsection (b) of this section, or on the package label, or both, the tar and nicotine yields of the advertised or packaged brand. Any such disclosure shall be in accordance with the methodology established under such regulations, shall conform to the type size requirements of subsection (b) of this section, and shall appear within the area specified in subsection (b) of this section. ‘‘(2) R ESOLUTION O F DIFFERENCES.—Any differences between the requirements established by the Secretary under paragraph (1) and tar and nicotine yield reporting requirements established by the Federal Trade Commission shall be resolved by a memorandum of understanding between the Secretary and the Federal Trade Commission. ‘‘(3) CIGARETTE AND OTHER TO B ACCO PRODUCT CONSTITU- ENTS.—In addition to the disclosures required by paragraph (1), the Secretary may, under a rulemaking conducted under section 553 of title 5, United States Code, prescribe disclosure requirements regarding the level of any cigarette or other tobacco product constituent including any smoke constituent. Any such disclosure may be required if the Secretary deter- mines that disclosure would be of benefit to the public health, or otherwise would increase consumer awareness of the health consequences of the use of tobacco products, except that no such prescribed disclosure shall be required on the face of any cigarette package or advertisement. Nothing in this section shall prohibit the Secretary from requiring such prescribed disclosure through a cigarette or other tobacco product package or advertisement insert, or by any other means under the Federal Food, Drug, and Cosmetic Act. Memorandu m .R e g u l a ti on s .
