(c) A cigarette retailer will not be in violation of § 1141.10 for packaging that:
- (1) Contains a warning;
- (2) Is supplied to the retailer by a license- or permit-holding tobacco product manufacturer, or distributor; and
- (3) Is not altered by the retailer in a way that is material to the requirements of section 4 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333) or this part.