§ 1334. Preemption

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1965

   Federal Cigarette Labeling and Advertising Act

   Pub. L. 89–92 § 5 · 79 Stat. 282

   Enacted · 15 U.S.C. § 1334

   Pub. L. 89–92, § 5, July 27, 1965, 79 Stat. 283

   Source evidence

   Code source credit
   Pub. L. 89–92, § 5, July 27, 1965, 79 Stat. 283

   Enacted provision · exact public law section
   Sec. 5. preemption (a) No statement relating to smoking and health, other than the statement required by section 4 of this Act. shall be required on any cigarette package. (b) No statement relating to smoking and health shall be required in the advertising of any cigarettes the packages of which are labeled in conformity with the provisions of this Act. (c) Except as is otherwise provided in subsections (a) and (b), nothing in this Act 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, nor to affirm or deny the Federal Trade Commission’s holding that it has the authority to issue trade regulation rules or to require an affirmative statement in any cigarette advertisement. (d) (1) The Secretary of Health, Education, and Welfare shall Report to Congress. transmit a report to the Congress not later than eighteen months after the effective date of this Act, and annually thereafter, concerning (A) current information on the health consequences of smoking and (B) such recommendations for legislation as he may deem appropriate. (2) The Federal Trade Commission shall transmit a report to the Report to Congress. Congress not later than eighteen months after the effective date of this Act, and annually thereafter, concerning (A) the effectiveness of cigarette labeling, (B) current practices and methods of cigarette advertising and promotion, and (C) such recommendations for legislation as it may deem appropriate.

2. 1970

   Public Health Cigarette Smoking Act of 1969

   Pub. L. 91–222 § 2 · 84 Stat. 87

   Substituted · 15 U.S.C. § 1334(b)

   Pub. L. 91–222 substituted provision that no requirement or prohibition based on smoking and health should be imposed under State law with respect to the advertising or promotion of any cigarettes which packages are labeled in conformity with the provisions of this chapter for provision that no statement relating to smoking and health should be required in the advertising of any cigarettes which packages are labeled in conformity with the provisions of this chapter

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 91–222 substituted provision that no requirement or prohibition based on smoking and health should be imposed under State law with respect to the advertising or promotion of any cigarettes which packages are labeled in conformity with the provisions of this chapter for provision that no statement relating to smoking and health should be required in the advertising of any cigarettes which packages are labeled in conformity with the provisions of this chapter.

   Enacted provision · exact public law section
   Sec. 2. Sections 2 through 10 of Public Law 89–92 (15 U.S.C. 1331–1338) are amended to read as follows: 79 Stat. 282. 15 USC 1331–1339. “Sec. 2. “declaration of policy It is the policy of the Congress, and the purpose of this Act, to establish a comprehensive Federal program to deal with cigarette labeling and advertising with respect to any relationship lie tween smoking and health, whereby— “(1) the public may be adequately informed that cigarette smoking may be hazardous to health by inclusion of a warning to that effect on each package of cigarettes: and “(2) commerce and the national economy may be (A) protected to the maximum extent consistent with this declared policy and (B) not impeded by diverse, nonuniform, and confusing cigarette labeling and advertising regulations with respect to any relationship between snicking and health. “Sec. 3. “definitions As used in this Act— “(1) The term ‘cigarette’ means— “(A) any roll of tobacco wrapped in paper or in any substance not containing tobacco, and “(B) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette describedin subparagraph (A). “(2) The term ‘commerce’ means (A) commerce between any State, the District of Columbia, 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 Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Mid-way Islands, Kingman Reef, or Johnston Island, but through any place outside thereof; or (C) commerce wholly within the District of Columbia, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island. “(3) The term ‘United States’, when used in a geographical sense, includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, and Johnston Island. The term ‘State’ includes any political division of any State, “(4) The term ‘package’ means a pack, box, carton, or container of any kind in which cigarettes are offered for sale, sold, or otherwise distributed to consumers. “(5) The term ‘person’ means an individual, partnership, corporation, or any other business or legal entity. “(6) The term ‘sale or distribution’ includes sampling or any other distribution not for sale. “Sec. 4. “labeling It shall be unlawful for any person to manufacture, import, or package for sale or distribution within the United States any cigarettes the package of which fails to bear the following statement: ‘Warning: The Surgeon General Has Determined That Cigarette Smoking Is Dangerous to Your Health’. Such statement shall be located in a conspicuous place on every cigarette package and shall appear in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the package. “Sec. 5. “preemption (a) No statement relating to smoking and health, other than the statement required by section 4 of this Act, shall be required on any cigarette package. “(b) 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 Act. “Sec. 6. “unlawful advertisements After January 1, 1971, it shall be unlawful to advertise Termination date. cigarettes on any medium of electronic communication subject to the jurisdiction of the Federal Communications Commission. “Sec. 7. “federal trade commission (a) The Federal Trade Commission shall not take any action before July 1, 1971, with respect to its pending trade regulation rule proceeding relating to cigarette advertising. If at any time Notification of Congress. on or after July 1, 1971, the Federal Trade (Commission determines it is necessary to take action with respect to such pending trade regulation rule proceeding, it shall notify the Congress of the determination. Such notification shall include the text of the trade regulation rule and a full statement of the basis for such determination. No trade Trade regulation effective date. regulation rule adopted in such proceeding may take effect until six months after the Commission has notified the Congress of the text of such rule, in order that, the Congress may act if it so desires. “(b) Except as provided in subsection (a), nothing in this Act 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. “(c) Nothing in this Act shall be construed to affirm or deny the Federal Trade Commission’s holding that it has the authority to issue trade regulation rules or to require an affirmative statement in any cigarette advertisement. “Sec. 8. “reports (a) The Secretary of Health, Education, and Welfare shall Report to Congress. transmit a report to the Congress not later than January 1, 1971, and annually thereafter, concerning (A) current information in the health consequences of smoking, and (B) such recommendations for legislation as he may deem appropriate. “(b) The Federal Trade Commission shall transmit a report to the Report to Congress. Congress not later than January 1, 1971, and annually thereafter, concerning (A) the effectiveness of cigarette labeling, (B) current practices and methods of cigarette advertising and promotion, and (C) such recommendations for legislation as it may deem appropriate. “Sec. 9. “criminal penalty Any person who violates the provisions of this Act shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than $10,000. “Sec. 10. “injunction proceedings The several district courts of the United States are invested with jurisdiction, for cause shown, to prevent and rest ram violations of this Act upon the application of the Attorney General of the United States acting through the several United States attorneys in their several districts. “Sec. 11. “cigarettes for export Packages of cigarettes manufactured, imported, or packaged Exemption. (1) for export from the United States or (2) for delivery to a vessel or aircraft, as supplies, for consumption beyond the jurisdiction of the internal revenue laws of the United States shall be exempt from the requirements of this Act, but such exemptions shall not apply to cigarettes manufactured, imported, or packaged for sale or distribution to members or units of the Armed Forces of the United States located outside of the United States. “Sec. 12. “separability If any provision of this Act or the application thereof to any person or circumstances is held invalid, the other provisions of this Act and the application of such provision to other persons or circumstances shall not be affected thereby.”

   Effective date note
   Pub. L. 91–222, § 3, Apr. 1, 1970, 84 Stat. 90, provided in part that: “Section 5 of the amendment made by this Act [amending this section] shall take effect as of July 1, 1969.”

3. 1970

   Public Health Cigarette Smoking Act of 1969

   Pub. L. 91–222 § 2 · 84 Stat. 87

   Struck · 15 U.S.C. § 1334(c); 15 U.S.C. § 1334(d)

   Pub. L. 91–222 struck out subsecs. (c) and (d) relating to the authority of the Federal Trade Commission with respect to unfair or deceptive advertising acts or practices, and reports to Congress by the Secretary of Health, Education, and Welfare and the Federal Trade Commission. See sections 1336 and 1337 of this title

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 91–222 struck out subsecs. (c) and (d) relating to the authority of the Federal Trade Commission with respect to unfair or deceptive advertising acts or practices, and reports to Congress by the Secretary of Health, Education, and Welfare and the Federal Trade Commission. See sections 1336 and 1337 of this title.

   Enacted provision · exact public law section
   Sec. 2. Sections 2 through 10 of Public Law 89–92 (15 U.S.C. 1331–1338) are amended to read as follows: 79 Stat. 282. 15 USC 1331–1339. “Sec. 2. “declaration of policy It is the policy of the Congress, and the purpose of this Act, to establish a comprehensive Federal program to deal with cigarette labeling and advertising with respect to any relationship lie tween smoking and health, whereby— “(1) the public may be adequately informed that cigarette smoking may be hazardous to health by inclusion of a warning to that effect on each package of cigarettes: and “(2) commerce and the national economy may be (A) protected to the maximum extent consistent with this declared policy and (B) not impeded by diverse, nonuniform, and confusing cigarette labeling and advertising regulations with respect to any relationship between snicking and health. “Sec. 3. “definitions As used in this Act— “(1) The term ‘cigarette’ means— “(A) any roll of tobacco wrapped in paper or in any substance not containing tobacco, and “(B) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette describedin subparagraph (A). “(2) The term ‘commerce’ means (A) commerce between any State, the District of Columbia, 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 Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Mid-way Islands, Kingman Reef, or Johnston Island, but through any place outside thereof; or (C) commerce wholly within the District of Columbia, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island. “(3) The term ‘United States’, when used in a geographical sense, includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, and Johnston Island. The term ‘State’ includes any political division of any State, “(4) The term ‘package’ means a pack, box, carton, or container of any kind in which cigarettes are offered for sale, sold, or otherwise distributed to consumers. “(5) The term ‘person’ means an individual, partnership, corporation, or any other business or legal entity. “(6) The term ‘sale or distribution’ includes sampling or any other distribution not for sale. “Sec. 4. “labeling It shall be unlawful for any person to manufacture, import, or package for sale or distribution within the United States any cigarettes the package of which fails to bear the following statement: ‘Warning: The Surgeon General Has Determined That Cigarette Smoking Is Dangerous to Your Health’. Such statement shall be located in a conspicuous place on every cigarette package and shall appear in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the package. “Sec. 5. “preemption (a) No statement relating to smoking and health, other than the statement required by section 4 of this Act, shall be required on any cigarette package. “(b) 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 Act. “Sec. 6. “unlawful advertisements After January 1, 1971, it shall be unlawful to advertise Termination date. cigarettes on any medium of electronic communication subject to the jurisdiction of the Federal Communications Commission. “Sec. 7. “federal trade commission (a) The Federal Trade Commission shall not take any action before July 1, 1971, with respect to its pending trade regulation rule proceeding relating to cigarette advertising. If at any time Notification of Congress. on or after July 1, 1971, the Federal Trade (Commission determines it is necessary to take action with respect to such pending trade regulation rule proceeding, it shall notify the Congress of the determination. Such notification shall include the text of the trade regulation rule and a full statement of the basis for such determination. No trade Trade regulation effective date. regulation rule adopted in such proceeding may take effect until six months after the Commission has notified the Congress of the text of such rule, in order that, the Congress may act if it so desires. “(b) Except as provided in subsection (a), nothing in this Act 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. “(c) Nothing in this Act shall be construed to affirm or deny the Federal Trade Commission’s holding that it has the authority to issue trade regulation rules or to require an affirmative statement in any cigarette advertisement. “Sec. 8. “reports (a) The Secretary of Health, Education, and Welfare shall Report to Congress. transmit a report to the Congress not later than January 1, 1971, and annually thereafter, concerning (A) current information in the health consequences of smoking, and (B) such recommendations for legislation as he may deem appropriate. “(b) The Federal Trade Commission shall transmit a report to the Report to Congress. Congress not later than January 1, 1971, and annually thereafter, concerning (A) the effectiveness of cigarette labeling, (B) current practices and methods of cigarette advertising and promotion, and (C) such recommendations for legislation as it may deem appropriate. “Sec. 9. “criminal penalty Any person who violates the provisions of this Act shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than $10,000. “Sec. 10. “injunction proceedings The several district courts of the United States are invested with jurisdiction, for cause shown, to prevent and rest ram violations of this Act upon the application of the Attorney General of the United States acting through the several United States attorneys in their several districts. “Sec. 11. “cigarettes for export Packages of cigarettes manufactured, imported, or packaged Exemption. (1) for export from the United States or (2) for delivery to a vessel or aircraft, as supplies, for consumption beyond the jurisdiction of the internal revenue laws of the United States shall be exempt from the requirements of this Act, but such exemptions shall not apply to cigarettes manufactured, imported, or packaged for sale or distribution to members or units of the Armed Forces of the United States located outside of the United States. “Sec. 12. “separability If any provision of this Act or the application thereof to any person or circumstances is held invalid, the other provisions of this Act and the application of such provision to other persons or circumstances shall not be affected thereby.”

   Effective date note
   Pub. L. 91–222, § 3, Apr. 1, 1970, 84 Stat. 90, provided in part that: “Section 5 of the amendment made by this Act [amending this section] shall take effect as of July 1, 1969.”

4. 2009

   Family Smoking Prevention and Tobacco Control Act

   Pub. L. 111–31 § 202(a) · 123 Stat. 1776

   Substituted · 15 U.S.C. § 1334(a)

   Pub. L. 111–31, § 202(a), substituted “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 or section 387t(a) of title 21, no” for “No”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–31, § 202(a), substituted “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 or section 387t(a) of title 21, no” for “No”.

   Enacted provision · exact public law section
   (a) Preemption.— Section 5(a) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1334(a)) is amended by striking “No” and inserting “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 903(a)(2) or section 920(a) of the Federal Food, Drug, and Cosmetic Act, no”.

5. 2009

   Family Smoking Prevention and Tobacco Control Act

   Pub. L. 111–31 § 203 · 123 Stat. 1776

   Added · 15 U.S.C. § 1334(c)

   Pub. L. 111–31, § 203, added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 111–31, § 203, added subsec. (c).

   Enacted provision · exact public law section
   SEC. 203. STATE REGULATION OF CIGARETTE ADVERTISING AND PROMOTION.   Section 5 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1334) is amended by adding at the end the following: “(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.” .

5 of 5 references resolved to an enrolled provision