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21 U.S.C. § 387n — Jurisdiction of and coordination with the Federal Trade Commission

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

21 U.S.C. § 387n — Jurisdiction of and coordination with the Federal Trade Commission

**(a) Jurisdiction** (1) **In general** — Except where expressly provided in this subchapter, nothing in this subchapter shall be construed as limiting or diminishing the authority of the Federal Trade Commission to enforce the laws under its jurisdiction with respect to the advertising, sale, or distribution of tobacco products. (2) **Enforcement** — Any advertising that violates this subchapter or a provision of the regulations referred to in [section 387a–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387a-1&num=0&edition=prelim), is an unfair or deceptive act or practice under [section 45(a) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a&num=0&edition=prelim) and shall be considered a violation of a rule promulgated under [section 57a of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a&num=0&edition=prelim). **(b) Coordination** With respect to the requirements of section 4 of the Federal Cigarette Labeling and Advertising Act [[15 U.S.C. 1333](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1333&num=0&edition=prelim)] and section 3 of the Comprehensive Smokeless Tobacco Health Education Act of 1986 [[15 U.S.C. 4402](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4402&num=0&edition=prelim)]— (1) the Chairman of the Federal Trade Commission shall coordinate with the Secretary concerning the enforcement of such Act as such enforcement relates to unfair or deceptive acts or practices in the advertising of cigarettes or smokeless tobacco; and (2) the Secretary shall consult with the Chairman of such Commission in revising the label statements and requirements under such section

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Source file: Laws/federal/codes/united-states-code/title-21/section-387n-jurisdiction-of-and-coordination-with-the-federal-trade-commission--1778c720d4.md
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Source location: Title 21, Chapter 9, § 387n; chapter-009-federal-food-drug-and-cosmetic-act.md

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

15 U.S.C. § 1331 — Congressional declaration of policy and purpose

It is the policy of the Congress, and the purpose of this chapter, to establish a comprehensive Federal Program to deal with cigarette labeling and advertising with respect to any relationship between smoking and health, whereby— (1) the public may be adequately informed about any adverse health effects of cigarette smoking by inclusion of warning notices on each package of cigarettes and in each advertisement 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 smoking and health.

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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

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

15 U.S.C. § 57a — Unfair or deceptive acts or practices rulemaking proceedings

**(a) Authority of Commission to prescribe rules and general statements of policy** (1) Except as provided in subsection (h), the Commission may prescribe— (A) interpretive rules and general statements of policy with respect to unfair or deceptive acts or practices in or affecting commerce (within the meaning of [section 45(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a/1&num=0&edition=prelim)), and (B) rules which define with specificity acts or practices which are unfair or deceptive acts or practices in or affecting commerce (within the meaning of [section 45(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a/1&num=0&edition=prelim)), except that the Commission shall not develop or promulgate any trade rule or regulation with regard to the regulation of the development and utilization of the standards and certification activities pursuant to this section. Rules under this subparagraph may include requirements prescribed for the purpose of preventing such acts or practices. (2) The Commission shall have no authority under this subchapter, other than its authority under this section, to prescribe any rule with respect to unfair or deceptive acts or practices in or affecting commerce (within the meaning of [section 45(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a/1&num=0&edition=prelim)). The preceding sentence shall not affect any authority of the Commission to prescribe rules (including interpretive rules), and general statements of policy, with respect to unfair methods of competition in or affecting commerce. **(b) Procedures applicable** (1) When prescribing a rule under subsection (a)(1)(B) of t

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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. § 4401 — Public education

**(a) Development** (1) The Secretary of Health and Human Services shall establish and carry out a program to inform the public of any dangers to human health resulting from the use of smokeless tobacco products. In carrying out such program the Secretary shall— (A) develop educational programs and materials and public service announcements respecting the dangers to human health from the use of smokeless tobacco; (B) make such programs, materials, and announcements available to States, local governments, school systems, the media, and such other entities as the Secretary determines appropriate to further the purposes of this chapter; (C) conduct and support research on the effect of smokeless tobacco on human health; and (D) collect, analyze, and disseminate information and studies on smokeless tobacco and health. (2) In developing programs, materials, and announcements under paragraph (1) the Secretary shall consult with the Secretary of Education, medical and public health entities, consumer groups, representatives of manufacturers of smokeless tobacco products, and other appropriate entities. **(b) Assistance** The Secretary of Health and Human Services may provide technical assistance and may make grants to States— (1) to assist in the development of educational programs and materials and public service announcements respecting the dangers to human health from the use of smokeless tobacco, (2) to assist in the distribution of such programs, materials, and announcements throughout the States, and (3) to establish 18 as the minimum age for the purchase of smokeless tobacco.

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

15 U.S.C. § 1333 — Labeling

Page 1398 TITLE 15—COMMERCE AND TRADE § 1333 lumbia, 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 Common- wealth of Puerto Rico, Guam, the Virgin Is- lands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island, but through any place outside thereof; or (C) commerce wholly within the District of Co- lumbia, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, King- man Reef, or Johnston Island. (3) The term ‘‘United States’’, when used in a geographical sense, includes the several States, the District of Columbia, the Common- wealth of Puerto Rico, Guam, the Virgin Is- lands, American Samoa, Wake Island, Midway Islands, Kingman Reef, and Johnston Island. The term ‘‘State’’ includes any political divi- sion of any State. (4) The term ‘‘package’’ means a pack, box, carton, or container of any kind in which ciga- rettes are offered for sale, sold, or otherwise distributed to consumers. (5) The term ‘‘person’’ means an individual, partnership, corporation, or any other busi- ness or legal entity. (6) The term ‘‘sale or distribution’’ includes sampling or any other distribution not for sale. (7) The term ‘‘little cigar’’ means any roll of tobacco wrapped in leaf tobacco or any sub- stance containing tobacco (other than any roll of tobacco which is a cigarette within the meaning of subsection (1)) and as to which one thousand units weigh not more than three pounds. (8) The term ‘‘brand style’’ means a variety of cigarettes distinguished by the tobacco used, tar and nicotine content, flavoring used, size of the c

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

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

Page 2119 TITLE 15—COMMERCE AND TRADE § 4402 tional Cooperative Research and Production Act of 1993 [15 U.S.C. 4305(a)(3)] at any time.’’ § 4306. Application of section 4303 protections to production of products, processes, and serv- ices Notwithstanding sections 4303 and 4305 of this title, the protections of section 4303 of this title shall not apply with respect to a joint venture’s production of a product, process, or service, as referred to in section 4301(a)(6)(D) of this title, unless— (1) the principal facilities for such produc- tion are located in the United States or its territories, and (2) each person who controls any party to such venture (including such party itself) is a United States person, or a foreign person from a country whose law accords antitrust treat- ment no less favorable to United States per- sons than to such country’s domestic persons with respect to participation in joint ventures for production. (Pub. L. 98–462, § 7, as added Pub. L. 103–42, § 3(g), June 10, 1993, 107 Stat. 119.) CHAPTER 70—COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION Sec. 4401. Public education. 4402. Smokeless tobacco warning. 4403. Ingredient reporting. 4404. Enforcement, regulations, and construction. 4405. Injunctions. 4406. Preemption. 4407. Omitted. 4408. Definitions. § 4401. Public education (a) Development (1) The Secretary of Health and Human Serv- ices shall establish and carry out a program to inform the public of any dangers to human health resulting from the use of smokeless to- bacco products. In carrying out such program the Secretary shall— (A) develop educational programs and mate- rials and public service announcements re- specting the dangers to human health from the use of smokeless tobacco; (B) make suc

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

21 U.S.C. § 387n — Jurisdiction of and coordination with the

Page 691 TITLE 21—FOOD AND DRUGS § 387n 387s of this title, and the Secretary may extend or re- duce the duration of one or more such time periods, ex- cept that no such period shall be extended for more than 90 days, see section 6 of Pub. L. 111–31, set out as a note under section 387 of this title. § 387l. Judicial review (a) Right to review (1) In general Not later than 30 days after— (A) the promulgation of a regulation under section 387g of this title establishing, amending, or revoking a tobacco product standard; or (B) a denial of an application under section 387j(c) of this title, any person adversely affected by such regula- tion or denial may file a petition for judicial review of such regulation or denial with the United States Court of Appeals for the District of Columbia or for the circuit in which such person resides or has their principal place of business. (2) Requirements (A) Copy of petition A copy of the petition filed under para- graph (1) shall be transmitted by the clerk of the court involved to the Secretary. (B) Record of proceedings On receipt of a petition under subpara- graph (A), the Secretary shall file in the court in which such petition was filed— (i) the record of the proceedings on which the regulation or order was based; and (ii) a statement of the reasons for the issuance of such a regulation or order. (C) Definition of record In this section, the term ‘‘record’’ means— (i) all notices and other matter published in the Federal Register with respect to the regulation or order reviewed; (ii) all information submitted to the Sec- retary with respect to such regulation or order; (iii) proceedings of any panel or advisory committee with respect to such regulation or order; (iv) any hearing held wit

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