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U.S. Department of Health and Human Services

Tobacco Products

Section 205 of the Tobacco Control Act - Authority to Revise Smokeless Tobacco Product Warning Label Statements

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    In General. Section 3 of the Comprehensive Smokeless Tobacco Health Education Act of 1986 ( 15 U.S.C. 4402), as amended by section 204, is further amended by adding at the end the following:

    1. "Authority To Revise Warning Label Statements. The Secretary may, by a rulemaking conducted under section 553 of title 5, United States Code, adjust the format, type size, and text of any of the label requirements, require color graphics to accompany the text, increase the required label area from 30 percent up to 50 percent of the front and rear panels of the package, 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 smokeless tobacco products."
    1. Preemption. Section 7(a) of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4406(a)) is amended by striking "No" and inserting "Except as provided in the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), no"