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15 U.S.C. § 4406 — Preemption

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 4406 — Preemption

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4402&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4402&num=0&edition=prelim), 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.

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Stable record: federal_law:legal_authorities:record_usc_0012c9f2257150cfe58461a6
Source file: Laws/federal/codes/united-states-code/title-15/section-4406-preemption--c419a08a96.md
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Source location: Title 15, Chapter 70, § 4406; chapter-070-comprehensive-smokeless-tobacco-health-education.md

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 301 — Short title

This chapter may be cited as the Federal Food, Drug, and Cosmetic Act.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 4402 — Smokeless tobacco warning

**(a) General rule** (1) It shall be unlawful for any person to manufacture, package, sell, offer to sell, distribute, or import for sale or distribution within the United States any smokeless tobacco product unless the product package bears, in accordance with the requirements of this chapter, one of the following labels:WARNING: This product can cause mouth cancer. WARNING: This product can cause gum disease and tooth loss. WARNING: This product is not a safe alternative to cigarettes. WARNING: Smokeless tobacco is addictive. (2) Each label statement required by paragraph (1) shall be— (A) located on the 2 principal display panels of the package, and each label statement shall comprise at least 30 percent of each such display panel; and (B) in 17-point conspicuous and legible type and in black text on a white background, or white text on a black background, in a manner that contrasts by typography, layout, or color, with all other printed material on the package, in an alternating fashion under the plan submitted under subsection (b)(3), except that if the text of a label statement would occupy more than 70 percent of the area specified by subparagraph (A), such text may appear in a smaller type size, so long as at least 60 percent of such warning area is occupied by the label statement. (3) The label statements required by paragraph (1) shall be introduced by each tobacco product manufacturer, packager, importer, distributor, or retailer of smokeless tobacco products concurrently into the distribution chain of such products. (4) The provisions of this subsection do not apply to a tobacco product manufacturer or distributor of any smokeless tobacco product that does not manufacture, package, or import smokeless tobacco products for sale or distribution withi

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 4406 — Preemption

Page 2122 TITLE 15—COMMERCE AND TRADE § 4405 chapter shall be considered a violation of sec- tion 45 of this title. (2) Any person who is found to violate any pro- vision of section 4402 or 4403(a) of this title shall be guilty of a misdemeanor and shall on convic- tion thereof be subject to a fine of not more than $10,000. (b) Regulations under section 4402 of this title (1) Regulations issued by the Federal Trade Commission under section 4402 of this title shall be issued in accordance with section 553 of title 5. (2) Not later than 180 days after February 27, 1986, the Federal Trade Commission shall pro- mulgate such regulations as it may require to implement section 4402 of this title. (c) Construction Nothing in this chapter (other than the re- quirements of sections 4402 and 4403 of this title) shall be construed to limit, restrict, or expand the authority of the Federal Trade Commission with respect to unfair or deceptive acts or prac- tices in the advertising of smokeless tobacco products. (Pub. L. 99–252, § 5, Feb. 27, 1986, 100 Stat. 33.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subsecs. (a) and (c) effective one year after Feb. 27, 1986, see section 11(a) of Pub. L. 99–252, set out as a note under section 4401 of this title. § 4405. Injunctions The several district courts of the United States are vested with jurisdiction, for cause shown, to prevent and restrain violations of sec- tions 4402 and 4403 of this title upon application of the Federal Trade Commission in the case of a violation of section 4402 of this title or upon application of the Attorney General of the United States acting through the several United States attorneys in their several districts in the case of a violation of section 4402 or 4403 of t

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