Arkansas Legal Resource Navigator

15 U.S.C. § 1334 — Preemption

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

15 U.S.C. § 1334 — Preemption

**(a) Additional statements** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387c/a/2&num=0&edition=prelim) or [section 387t(a) of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387t/a&num=0&edition=prelim), no statement relating to smoking and health, other than the statement required by [section 1333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1333&num=0&edition=prelim), shall be required on any cigarette package. **(b) State regulations** 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 chapter. **(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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1334

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 231ebae67bb4ead2feef6a8fa1a32f637d1fe3c6d3f5d5eb8e4168b34084db40. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_6f9b4ca04ef1101e86f755b8
Source file: Laws/federal/codes/united-states-code/title-15/section-1334-preemption--a4ca2c24ee.md
Pages: Not recorded – Not recorded
Passage SHA-256: 3948c404db983cd3562842205cad306905f1af67f097999e36b50442a85218fc

Source location: Title 15, Chapter 36, § 1334; chapter-036-cigarette-labeling-and-advertising.md

Stored source content

**(a) Additional statements** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387c/a/2&num=0&edition=prelim) or [section 387t(a) of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387t/a&num=0&edition=prelim), no statement relating to smoking and health, other than the statement required by [section 1333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1333&num=0&edition=prelim), shall be required on any cigarette package. **(b) State regulations** 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 chapter. **(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.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 301

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

15 U.S.C. § 1333 — Labeling

**(a) Label requirements** (1) **In general** — 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 cigarettes the package of which fails to bear, in accordance with the requirements of this section, one of the following labels: WARNING: Cigarettes are addictive. WARNING: Tobacco smoke can harm your children. WARNING: Cigarettes cause fatal lung disease. WARNING: Cigarettes cause cancer. WARNING: Cigarettes cause strokes and heart disease. WARNING: Smoking during pregnancy can harm your baby. WARNING: Smoking can kill you. WARNING: Tobacco smoke causes fatal lung disease in nonsmokers. WARNING: Quitting smoking now greatly reduces serious risks to your health. (2) **Placement; typography; etc.** — Each label statement required by paragraph (1) shall be located in the upper portion of the front and rear panels of the package, directly on the package underneath the cellophane or other clear wrapping. Each label statement shall comprise the top 50 percent of the front and rear panels of the package. The word “WARNING” shall appear in capital letters and all text shall be in conspicuous and legible 17-point type, unless the text of the label statement would occupy more than 70 percent of such area, in which case the text may be in a smaller conspicuous and legible type size, provided that at least 60 percent of such area is occupied by required text. The text shall be black on a white background, or white 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 (c). (3) **Does not apply to foreign distribution** — The provisio

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1333

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

15 U.S.C. § 1334 — Preemption

Page 1401 TITLE 15—COMMERCE AND TRADE § 1335 date or dates selected by the manufacturer or im- porter. ‘‘(2) The Federal Trade Commission may, upon appli- cation of a manufacturer or importer of cigarettes with an approved application under section 4(c)(2) of the Federal Cigarette Labeling and Advertising Act [sub- sec. (c)(2) of this section], as amended by subsection (a), extend the effective date specified in paragraph (1) to January 11, 1986. The Commission may approve an ap- plication for such an extension only if the Commission determines that the effective date specified in such paragraph (1) would cause unreasonable economic hard- ship to the applicant. Section 4 of the Federal Cigarette Labeling and Advertising Act [this section], as in effect before October 12, 1985, shall apply with respect to a manufacturer or importer with an application approved under this paragraph.’’ EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–474, § 4(b), Oct. 12, 1984, 98 Stat. 2203, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect upon the expi- ration of a one-year period beginning on the date of the enactment of this Act [Oct. 12, 1984].’’ EFFECTIVE DATE OF 1970 AMENDMENT Pub. L. 91–222, § 3, Apr. 1, 1970, 84 Stat. 90, provided in part that: ‘‘Section 4 of the amendment made by this Act [amending this section] shall take effect on the first day of the seventh calendar month which begins after the date of the enactment of this Act [Apr. 1, 1970].’’ § 1334. Preemption (a) Additional statements Except to the extent the Secretary requires additional or different statements on any ciga- rette package by a regulation, by an order, by a standard, by an authorization to market a prod- uct, or by a condition of marketin

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1334

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.