West Virginia Code 16-9A-5 – Outdoor billboard advertisements for smokeless tobacco products, nuisance affecting public health
(a) Any outdoor billboard advertisement for snuff and chewing tobacco products must conspicuously display one of the following statements:
Terms Used In West Virginia Code 16-9A-5
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Statute: A law passed by a legislature.
"WARNING: THIS PRODUCT MAY CAUSE MOUTH CANCER"
"WARNING: THIS PRODUCT MAY CAUSE GUM DISEASE AND TOOTH LOSS"
"WARNING: THIS PRODUCT IS NOT A SAFE ALTERNATIVE TO
CIGARETTES"
The warnings shall be rotated every four months by the manufacturer, packager or importer of snuff and chewing tobacco products in an alternating sequence in the advertisement for each brand of such tobacco product. Such warning shall appear in the format and type style prescribed under 15 U.S.C. § 1333 (b) (3), as amended.
No other warning, format, or type style in any outdoor billboard advertisement shall be required by any state or local statute or regulation.
(b) Any outdoor billboard advertisement that does not conform to the provisions of this section shall be deemed a nuisance affecting the public health.