Skip to content

Title 15 — Commerce and Trade

Chapter 70 — Comprehensive Smokeless Tobacco Health Education

§ 4406. Preemption

Statutory text

(a)

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.

(b)

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.

(c)

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.

  1. 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. 34

    Enacted 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.

  2. 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
  1. 1986Pub. L. 99–252, § 7, , 100 Stat. 34
  2. 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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc15.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t15/s4406