NewsBeat

20 NewsBeat August 2019 Format and display requirements for required warning statements on advertisements for cigarettes, cigars and other covered tobacco products F or cigarette tobacco, roll-your-own tobacco, and covered tobacco products, it is unlawful for any such tobacco product manufacturer, packager, importer, distributor, or retailer of the tobacco product to advertise or cause to be advertised within the United States any tobacco product unless each advertisement bears the required warning statement. The required warning statements(s) on print advertisements or other advertisements with a visual component (including, for example, advertisements on signs, shelf-talkers, Web pages, and email) for cigarette tobacco, roll-your-own tobacco, and covered tobacco products must: • Appear on the upper portion of the advertisement within the trim area; • Occupy at least 20 percent of the area of the advertisement (warning area); • Be printed in at least 12-point font size and ensure that the required warning statement occupies the greatest possible proportion of the warning area set aside for the required warning statement; • Be printed in conspicuous and legible Helvetica bold or Arial bold type or other similar sans serif fonts and in black text on a white background or white text on a black background in a manner that contrasts by typography, layout, or color, with all other material on the advertisement; • Be capitalized and punctuated, as described in the regulations (21 CFR §§ 1143.3(a)(1), 1143.3(c), and 1143.5(a)(1)); • Be centered in the warning area in which the text is required to be printed and positioned such that the text of the required warning statement and the other textual information in the advertisement have the same orientation; and • Be surrounded by a rectangular border that is the same color as the text of the required warning statement and that is not less than 3 millimeters (mm) or more than 4 mm. The warning statement requirement for advertisements outlined in 21 CFR §§ 1143.3(b) and 1143.5(b) apply to a retailer only if that retailer is responsible for or directs the health warning required under the paragraph. However, this does not relieve a retailer of liability if the retailer displays, in a location open to the public, an advertisement that: • Does not contain a health warning; or • Contains a health warning that has been altered by the retailer in a way that is material to the requirements of sections 1143.3(b) and 1143.5(b) (21 CFR §§ 1143.3(b)(3) and 1143.5(b)(3)). "WARNING: This product contains nicotine. Nicotine is an addictive chemical." The alternative warning statement is also revised to read: "This product is made from tobacco." This warning will be required to appear on at least 30 percent of the two principal display panels of the package and at least 20 percent of the area of the advertisement. We also added language to § 1143.3(a) to clarify that the warning statement must be printed in at least 12-point font size in order to be clear and legible. We also note that this requirement in § 1143.3 applies to cigarette tobacco, roll- your-own tobacco, and covered tobacco products other than cigars. Both cigarette tobacco and roll-your-own tobacco are defined in § 1143.1. This warning requirement does not apply to smokeless tobacco products. Smokeless tobacco products must meet the warnings require- ments in CSTHEA (15 U.S.C. 4401 et seq.). The full list of required warnings for use on cigar packages and in cigar advertisements is as follows: · WARNING: This product contains nicotine. Nicotine is an addictive chemical. · WARNING: Cigar smoking can cause cancers of the mouth and throat, even if you do not inhale. · WARNING: Cigar smoking can cause lung cancer and heart disease. · WARNING: Cigars are not a safe alternative to cigarettes. · WARNING: Tobacco smoke increases the risk of lung cancer and heart disease, even in nonsmokers.

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