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U.S. Department of Health and Human Services

Tobacco Products

Section 202 of the Tobacco Control Act - Authority to Revise Cigarette Warning Label Statements

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  1. Preemption. Section 5(a) of the Federal Cigarette Labeling and Advertising Act ( 15 U.S.C. 1334(a)) is amended by striking "No" and inserting "Except to the extent the Secretary requires additional or different statements on any cigarette package by a regulation, by an order, by a standard, by an authorization to market a product, or by a condition of marketing a product, pursuant to the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), or as required under section 903(a)(2) or section 920(a) of the Federal Food, Drug, and Cosmetic Act, no". 
     
  2. Change in Required Statements. Section 4 of the Federal Cigarette Labeling and Advertising Act ( 15 U.S.C. 1333), as amended by section 201, is further amended by adding at the end the following:

    1. Change in Required Statements. The Secretary through a rulemaking conducted under section 553 of title 5, United States Code, may adjust the format, type size, color graphics, and text of any of the label requirements, or establish the format, type size, and text of any other disclosures required under the Federal Food, Drug, and Cosmetic Act, if the Secretary finds that such a change would promote greater public understanding of the risks associated with the use of tobacco products."