Title 15 — Commerce and Trade
Chapter 70 — Comprehensive Smokeless Tobacco Health Education
§ 4406. Preemption
Statutory text
Federal action
Except as provided in the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), no statement relating to the use of smokeless tobacco products and health, other than the statements required by section 4402 of this title, shall be required by any Federal agency to appear on any package or in any advertisement (unless the advertisement is an outdoor billboard advertisement) of a smokeless tobacco product.
State and local action
No statement relating to the use of smokeless tobacco products and health, other than the statements required by section 4402 of this title, shall be required by any State or local statute or regulation to be included on any package or in any advertisement (unless the advertisement is an outdoor billboard advertisement) of a smokeless tobacco product.
Effect on liability law
Nothing in this chapter shall relieve any person from liability at common law or under State statutory law to any other person.
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.
Comprehensive Smokeless Tobacco Health Education Act of 1986
Pub. L. 99–252 § 7 · 100 Stat. 30
Enacted · 15 U.S.C. § 4406
Pub. L. 99–252, § 7, Feb. 27, 1986, 100 Stat. 34
Source evidence
Code source credit
Pub. L. 99–252, § 7, Feb. 27, 1986, 100 Stat. 34Enacted provision · exact public law section
SEC. 7. PREEMPTION. (a) Federal Action.— No statement relating to the use of smokeless tobacco products and health, other than the statements required by section 3, shall be required by any Federal agency to appear on any package or in any advertisement (unless the advertisement is an outdoor billboard advertisement) of a smokeless tobacco product. (b) State and Local Action.— No statement relating to the use of smokeless tobacco products and health, other than the statements required by section 3, shall be required by any State or local statute or regulation to be included on any package or in any advertisement (unless the advertisement is an outdoor billboard advertisement) of a smokeless tobacco product. (c) Effect on Liability Law.— Nothing in this Act shall relieve any person from liability at common law or under State statutory law to any other person.Family Smoking Prevention and Tobacco Control Act
Pub. L. 111–31 div. A title II § 205(b) · 123 Stat. 1776
Substituted · 15 U.S.C. § 4406(a)
Pub. L. 111–31 substituted “Except as provided in the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), no” for “No”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 111–31 substituted “Except as provided in the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), no” for “No”.Enacted provision · exact public law section
(b) Preemption.— Section 7(a) of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4406(a)) is amended by striking “No” and inserting “Except as provided in the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), no”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
References in Text
The Family Smoking Prevention and Tobacco Control Act, referred to in subsec. (a), is div. A of Pub. L. 111–31, , 123 Stat. 1776. For complete classification of this Act to the Code, see Short Title of 2009 Amendment note set out under section 301 of Title 21, Food and Drugs, and Tables.
Amendments
2009—Subsec. (a). Pub. L. 111–31 substituted “Except as provided in the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), no” for “No”.
Credits
1986–2009 · 2 acts
- 1986Pub. L. 99–252, § 7, , 100 Stat. 34
- 2009Pub. L. 111–31, div. A, title II, § 205(b), , 123 Stat. 1849.
Show as published
(Pub. L. 99–252, § 7, , 100 Stat. 34; Pub. L. 111–31, div. A, title II, § 205(b), , 123 Stat. 1849.)