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15 U.S.C. § 1333 — Labeling

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1333 — Labeling

**(a) Label requirements** (1) **In general** — It shall be unlawful for any person to manufacture, package, sell, offer to sell, distribute, or import for sale or distribution within the United States any cigarettes the package of which fails to bear, in accordance with the requirements of this section, one of the following labels: WARNING: Cigarettes are addictive. WARNING: Tobacco smoke can harm your children. WARNING: Cigarettes cause fatal lung disease. WARNING: Cigarettes cause cancer. WARNING: Cigarettes cause strokes and heart disease. WARNING: Smoking during pregnancy can harm your baby. WARNING: Smoking can kill you. WARNING: Tobacco smoke causes fatal lung disease in nonsmokers. WARNING: Quitting smoking now greatly reduces serious risks to your health. (2) **Placement; typography; etc.** — Each label statement required by paragraph (1) shall be located in the upper portion of the front and rear panels of the package, directly on the package underneath the cellophane or other clear wrapping. Each label statement shall comprise the top 50 percent of the front and rear panels of the package. The word “WARNING” shall appear in capital letters and all text shall be in conspicuous and legible 17-point type, unless the text of the label statement would occupy more than 70 percent of such area, in which case the text may be in a smaller conspicuous and legible type size, provided that at least 60 percent of such area is occupied by required text. The text shall be black on a white background, or white on a black background, in a manner that contrasts, by typography, layout, or color, with all other printed material on the package, in an alternating fashion under the plan submitted under subsection (c). (3) **Does not apply to foreign distribution** — The provisio

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Stable record: federal_law:legal_authorities:record_usc_50c55099302fe0d9c1dfe376
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Source location: Title 15, Chapter 36, § 1333; chapter-036-cigarette-labeling-and-advertising.md

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**(a) Label requirements** (1) **In general** — It shall be unlawful for any person to manufacture, package, sell, offer to sell, distribute, or import for sale or distribution within the United States any cigarettes the package of which fails to bear, in accordance with the requirements of this section, one of the following labels: WARNING: Cigarettes are addictive. WARNING: Tobacco smoke can harm your children. WARNING: Cigarettes cause fatal lung disease. WARNING: Cigarettes cause cancer. WARNING: Cigarettes cause strokes and heart disease. WARNING: Smoking during pregnancy can harm your baby. WARNING: Smoking can kill you. WARNING: Tobacco smoke causes fatal lung disease in nonsmokers. WARNING: Quitting smoking now greatly reduces serious risks to your health. (2) **Placement; typography; etc.** — Each label statement required by paragraph (1) shall be located in the upper portion of the front and rear panels of the package, directly on the package underneath the cellophane or other clear wrapping. Each label statement shall comprise the top 50 percent of the front and rear panels of the package. The word “WARNING” shall appear in capital letters and all text shall be in conspicuous and legible 17-point type, unless the text of the label statement would occupy more than 70 percent of such area, in which case the text may be in a smaller conspicuous and legible type size, provided that at least 60 percent of such area is occupied by required text. The text shall be black on a white background, or white on a black background, in a manner that contrasts, by typography, layout, or color, with all other printed material on the package, in an alternating fashion under the plan submitted under subsection (c). (3) **Does not apply to foreign distribution** — The provisions of this subsection do not apply to a tobacco product manufacturer or distributor of cigarettes which does not manufacture, package, or import cigarettes for sale or distribution within the United States. (4) **Applicability to retailers** — A retailer of cigarettes shall not be in violation of this subsection for packaging that— (A) contains a warning label; (B) is supplied to the retailer by a license- or permit-holding tobacco product manufacturer, importer, or distributor; and (C) is not altered by the retailer in a way that is material to the requirements of this subsection. **(b) Advertising requirements** (1) **In general** — It shall be unlawful for any tobacco product manufacturer, importer, distributor, or retailer of cigarettes to advertise or cause to be advertised within the United States any cigarette unless its advertising bears, in accordance with the requirements of this section, one of the labels specified in subsection (a). (2) **Typography, etc.** — Each label statement required by subsection (a) in cigarette advertising shall comply with the standards set forth in this paragraph. For press and poster advertisements, each such statement and (where applicable) any required statement relating to tar, nicotine, or other constituent (including a smoke constituent) yield shall comprise at least 20 percent of the area of the advertisement and shall appear in a conspicuous and prominent format and location at the top of each advertisement within the trim area. The Secretary may revise the required type sizes in such area in such manner as the Secretary determines appropriate. The word “WARNING” shall appear in capital letters, and each label statement shall appear in conspicuous and legible type. The text of the label statement shall be black if the background is white and white if the background is black, under the plan submitted under subsection (c). The label statements shall be enclosed by a rectangular border that is the same color as the letters of the statements and that is the width of the first downstroke of the capital “W” of the word “WARNING” in the label statements. The text of such label statements shall be in a typeface pro rata to the following requirements: 45-point type for a whole-page broadsheet newspaper advertisement; 39-point type for a half-page broadsheet newspaper advertisement; 39-point type for a whole-page tabloid newspaper advertisement; 27-point type for a half-page tabloid newspaper advertisement; 31.5-point type for a double page spread magazine or whole-page magazine advertisement; 22.5-point type for a 28 centimeter by 3 column advertisement; and 15-point type for a 20 centimeter by 2 column advertisement. The label statements shall be in English, except that— (A) in the case of an advertisement that appears in a newspaper, magazine, periodical, or other publication that is not in English, the statements shall appear in the predominant language of the publication; and (B) in the case of any other advertisement that is not in English, the statements shall appear in the same language as that principally used in the advertisement. (3) **Matchbooks** — Notwithstanding paragraph (2), for matchbooks (defined as containing not more than 20 matches) customarily given away with the purchase of tobacco products, each label statement required by subsection (a) may be printed on the inside cover of the matchbook. (4) **Adjustment by Secretary** — The Secretary may, through a rulemaking under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), adjust the format and type sizes for the label statements required by this section; the text, format, and type sizes of any required tar, nicotine yield, or other constituent (including smoke constituent) disclosures; or the text, format, and type sizes for any other disclosures required under the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.]. The text of any such label statements or disclosures shall be required to appear only within the 20 percent area of cigarette advertisements provided by paragraph (2). The Secretary shall promulgate regulations which provide for adjustments in the format and type sizes of any text required to appear in such area to ensure that the total text required to appear by law will fit within such area. **(c) Marketing requirements** (1) **Random display** — The label statements specified in subsection (a)(1) shall be randomly displayed in each 12-month period, in as equal a number of times as is possible on each brand of the product and be randomly distributed in all areas of the United States in which the product is marketed in accordance with a plan submitted by the tobacco product manufacturer, importer, distributor, or retailer and approved by the Secretary. (2) **Rotation** — The label statements specified in subsection (a)(1) shall be rotated quarterly in alternating sequence in advertisements for each brand of cigarettes in accordance with a plan submitted by the tobacco product manufacturer, importer, distributor, or retailer to, and approved by, the Secretary. (3) **Review** — The Secretary shall review each plan submitted under paragraph (2) and approve it if the plan— (A) will provide for the equal distribution and display on packaging and the rotation required in advertising under this subsection; and (B) assures that all of the labels required under this section will be displayed by the tobacco product manufacturer, importer, distributor, or retailer at the same time. (4) **Applicability to retailers** — This subsection and subsection (b) apply to a retailer only if that retailer is responsible for or directs the label statements required under this section except that this paragraph shall not relieve a retailer of liability if the retailer displays, in a location open to the public, an advertisement that does not contain a warning label or has been altered by the retailer in a way that is material to the requirements of this subsection and subsection (b). **(d) 11 So in original. There are two subsecs. designated (d). Graphic label statements** Not later than 24 months after June 22, 2009, the Secretary shall issue regulations that require color graphics depicting the negative health consequences of smoking to accompany the label statements specified in subsection (a)(1). The Secretary may adjust the type size, text and format of the label statements specified in subsections (a)(2) and (b)(2) as the Secretary determines appropriate so that both the graphics and the accompanying label statements are clear, conspicuous, legible and appear within the specified area. **(d) 1 Change in required statements** The Secretary through a rulemaking conducted under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) 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 [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.], if the Secretary finds that such a change would promote greater public understanding of the risks associated with the use of tobacco products. **(e) Tar, nicotine, and other smoke constituent disclosure** (1) **In general** — The Secretary shall, by a rulemaking conducted under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), 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) **Resolution of 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 tobacco product constituents** — In addition to the disclosures required by paragraph (1), the Secretary may, under a rulemaking conducted under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), 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 determines 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 [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.]. (4) **Retailers** — This subsection applies to a retailer only if that retailer is responsible for or directs the label statements required under this section.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 301 — Short title

This chapter may be cited as the Federal Food, Drug, and Cosmetic Act.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1334 — Preemption

**(a) Additional statements** 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 387c(a)(2) of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387c/a/2&num=0&edition=prelim) or [section 387t(a) of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387t/a&num=0&edition=prelim), no statement relating to smoking and health, other than the statement required by [section 1333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1333&num=0&edition=prelim), shall be required on any cigarette package. **(b) State regulations** No requirement or prohibition based on smoking and health shall be imposed under State law with respect to the advertising or promotion of any cigarettes the packages of which are labeled in conformity with the provisions of this chapter. **(c) Exception** Notwithstanding subsection (b), a State or locality may enact statutes and promulgate regulations, based on smoking and health, that take effect after the effective date of the Family Smoking Prevention and Tobacco Control Act, imposing specific bans or restrictions on the time, place, and manner, but not content, of the advertising or promotion of any cigarettes.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1336 — Authority of Federal Trade Commission; unfair or deceptive acts or practices

Nothing in this chapter (other than the requirements of [section 1333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1333&num=0&edition=prelim)) shall be construed to limit, restrict, expand, or otherwise affect the authority of the Federal Trade Commission with respect to unfair or deceptive acts or practices in the advertising of cigarettes.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1681a — Requirements for entry of certain cigarettes and smokeless tobacco products

**(a) General rule** Except as provided in subsection (b), cigarettes or smokeless tobacco products may be imported into the United States only if— (1) the original manufacturer of those cigarettes or smokeless tobacco products has timely submitted, or has certified that it will timely submit, to the Secretary of Health and Human Services the lists of the ingredients added to the tobacco in the manufacture of such cigarettes or smokeless tobacco products as described in [section 1335a of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1335a&num=0&edition=prelim) or [section 4403 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4403&num=0&edition=prelim), as the case may be; (2) the precise warning statements in the precise format specified in [section 1333 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1333&num=0&edition=prelim) or [section 4402 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4402&num=0&edition=prelim), as the case may be, are permanently imprinted on both— (A) the primary packaging of all those cigarettes or smokeless tobacco products; and (B) any other pack, box, carton, or container of any kind in which those cigarettes or smokeless tobacco products are to be offered for sale or otherwise distributed to consumers; (3) the manufacturer or importer of those cigarettes or smokeless tobacco products is in compliance with respect to those cigarettes or smokeless tobacco products being imported into the United States with a rotation plan approved by the Federal Trade Commission pursuant to section 1333(c) 11 See References in Text note below. of title 15 or section 4402(d) 1 of title 15, a

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 387c — Misbranded tobacco products

**(a) In general** A tobacco product shall be deemed to be misbranded— (1) if its labeling is false or misleading in any particular; (2) if in package form unless it bears a label containing— (A) the name and place of business of the tobacco product manufacturer, packer, or distributor; (B) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; (C) an accurate statement of the percentage of the tobacco used in the product that is domestically grown tobacco and the percentage that is foreign grown tobacco; and (D) the statement required under [section 387t(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387t/a&num=0&edition=prelim), except that under subparagraph (B) reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the Secretary; (3) if any word, statement, or other information required by or under authority of this subchapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, or designs in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; (4) if it has an established name, unless its label bears, to the exclusion of any other nonproprietary name, its established name prominently printed in type as required by the Secretary by regulation; (5) if the Secretary has issued regulations requiring that its labeling bear adequate directions for use, or adequate warnings against use by children, that are necessary for the protection of users unless its labeling conforms in all respects to such regula

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 387n — Jurisdiction of and coordination with the Federal Trade Commission

**(a) Jurisdiction** (1) **In general** — Except where expressly provided in this subchapter, nothing in this subchapter shall be construed as limiting or diminishing the authority of the Federal Trade Commission to enforce the laws under its jurisdiction with respect to the advertising, sale, or distribution of tobacco products. (2) **Enforcement** — Any advertising that violates this subchapter or a provision of the regulations referred to in [section 387a–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387a-1&num=0&edition=prelim), is an unfair or deceptive act or practice under [section 45(a) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a&num=0&edition=prelim) and shall be considered a violation of a rule promulgated under [section 57a of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a&num=0&edition=prelim). **(b) Coordination** With respect to the requirements of section 4 of the Federal Cigarette Labeling and Advertising Act [[15 U.S.C. 1333](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1333&num=0&edition=prelim)] and section 3 of the Comprehensive Smokeless Tobacco Health Education Act of 1986 [[15 U.S.C. 4402](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4402&num=0&edition=prelim)]— (1) the Chairman of the Federal Trade Commission shall coordinate with the Secretary concerning the enforcement of such Act as such enforcement relates to unfair or deceptive acts or practices in the advertising of cigarettes or smokeless tobacco; and (2) the Secretary shall consult with the Chairman of such Commission in revising the label statements and requirements under such section

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 202 — Definitions

When used in this chapter— **(a)** The term “Service” means the Public Health Service; **(b)** The term “Surgeon General” means the Surgeon General of the Public Health Service; **(c)** Unless the context otherwise requires, the term “Secretary” means the Secretary of Health and Human Services. **(d)** The term “regulations”, except when otherwise specified, means rules and regulations made by the Surgeon General with the approval of the Secretary; **(e)** The term “executive department” means any executive department, agency, or independent establishment of the United States or any corporation wholly owned by the United States; **(f)** Except as provided in sections 246(g)(4)(B),11 See References in Text note below. 247c(c)(1),1 254d(h)(3),1 263c(5),1 264(d), 292a(9),1 300a(c), 300f(13), and 300n(1) 1 of this title, the term “State” includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. **(g)** The term “possession” includes, among other possessions, Puerto Rico and the Virgin Islands; **(h)** Repealed. Pub. L. 97–35, title IX, § 986(a), Aug. 13, 1981, 95 Stat. 603. **(i)** The term “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, exclusive of aircraft and amphibious contrivances; **(j)** The term “habit-forming narcotic drug” or “narcotic” means opium and coca leaves and the several alkaloids derived therefrom, the best known of these alkaloids being morphia, heroin, and codeine, obtained from opium, and cocaine derived from the coca

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 297a — Student loan fund

**(a) Agreements to establish and operate fund authorized** The Secretary is authorized to enter into an agreement for the establishment and operation of a student loan fund in accordance with this part with any public or nonprofit private school of nursing which is located in a State. **(b) Provisions of agreements** Each agreement entered into under this section shall— (1) provide for establishment of a student loan fund by the school; (2) provide for deposit in the fund, except as provided in [section 298d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section298d&num=0&edition=prelim), of (A) the Federal capital contributions paid from allotments under [section 297d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section297d&num=0&edition=prelim) to the school by the Secretary, (B) an additional amount from other sources equal to not less than one-ninth of such Federal capital contributions, (C) collections of principal and interest on loans made from the fund, (D) collections pursuant to [section 297b(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section297b/f&num=0&edition=prelim), and (E) any other earnings of the fund; (3) provide that the fund, except as provided in [section 298d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section298d&num=0&edition=prelim), shall be used only for loans to students of the school in accordance with the agreement and for costs of collection of such loans and interest thereon; (4) provide that loans may be made from such fund only to students pursuing a full-time or half-time course of study at the school leading to a baccalaureate or associate degree in nursing or an equival

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1333 — Labeling

Page 1398 TITLE 15—COMMERCE AND TRADE § 1333 lumbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island and any place outside thereof; (B) commerce between points in any state, the District of Columbia, the Common- wealth of Puerto Rico, Guam, the Virgin Is- lands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island, but through any place outside thereof; or (C) commerce wholly within the District of Co- lumbia, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, King- man Reef, or Johnston Island. (3) The term ‘‘United States’’, when used in a geographical sense, includes the several States, the District of Columbia, the Common- wealth of Puerto Rico, Guam, the Virgin Is- lands, American Samoa, Wake Island, Midway Islands, Kingman Reef, and Johnston Island. The term ‘‘State’’ includes any political divi- sion of any State. (4) The term ‘‘package’’ means a pack, box, carton, or container of any kind in which ciga- rettes are offered for sale, sold, or otherwise distributed to consumers. (5) The term ‘‘person’’ means an individual, partnership, corporation, or any other busi- ness or legal entity. (6) The term ‘‘sale or distribution’’ includes sampling or any other distribution not for sale. (7) The term ‘‘little cigar’’ means any roll of tobacco wrapped in leaf tobacco or any sub- stance containing tobacco (other than any roll of tobacco which is a cigarette within the meaning of subsection (1)) and as to which one thousand units weigh not more than three pounds. (8) The term ‘‘brand style’’ means a variety of cigarettes distinguished by the tobacco used, tar and nicotine content, flavoring used, size of the c

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