15 U.S.C. § 1335 — Unlawful advertisements on medium of

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 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 or section 387t(a) of title 21, no statement relating to smoking and health, other than the statement required by section 1333 of this title, shall be required on any ciga- rette package. (b) State regulations No requirement or prohibition based on smok- ing 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 chap- ter. (c) Exception Notwithstanding subsection (b), a State or lo- cality may enact statutes and promulgate regu- lations, 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. (Pub. L. 89–92, § 5, July 27, 1965, 79 Stat. 283; Pub. L. 91–222, § 2, Apr. 1, 1970, 84 Stat. 88; Pub. L. 111–31, div. A, title II, §§ 202(a), 203, June 22, 2009, 123 Stat. 1845, 1846.) Editorial Notes REFERENCES IN TEXT The Family Smoking Prevention and Tobacco Con- trol Act, referred to in subsec. (a), is div. A of Pub. L. 111–31, June 22, 2009, 123 Stat. 1776. For complete classi- fication 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. The effective date of the Family Smoking Prevention and Tobacco Control Act, referred to in subsec. (c), probably means the date of enactment of Pub. L. 111–31, which was approved June 22, 2009. AMENDMENTS 2009—Subsec. (a). Pub. L. 111–31, § 202(a), substituted ‘‘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 authoriza- tion to market a product, or by a condition of mar- keting a product, pursuant to the Family Smoking Pre- vention and Tobacco Control Act (and the amendments made by that Act), or as required under section 387c(a)(2) of title 21 or section 387t(a) of title 21, no’’ for ‘‘No’’. Subsec. (c). Pub. L. 111–31, § 203, added subsec. (c). 1970—Subsec. (b). Pub. L. 91–222 substituted provision that no requirement or prohibition based on smoking and health should be imposed under State law with re- spect to the advertising or promotion of any cigarettes which packages are labeled in conformity with the pro- visions of this chapter for provision that no statement relating to smoking and health should be required in the advertising of any cigarettes which packages are labeled in conformity with the provisions of this chap- ter. Subsecs. (c), (d). Pub. L. 91–222 struck out subsecs. (c) and (d) relating to the authority of the Federal Trade Commission with respect to unfair or deceptive adver- tising acts or practices, and reports to Congress by the Secretary of Health, Education, and Welfare and the Federal Trade Commission. See sections 1336 and 1337 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Pub. L. 91–222, § 3, Apr. 1, 1970, 84 Stat. 90, provided in part that: ‘‘Section 5 of the amendment made by this Act [amending this section] shall take effect as of July 1, 1969.’’ § 1335. Unlawful advertisements on medium of electronic communication After January 1, 1971, it shall be unlawful to advertise cigarettes and little cigars on any me- dium of electronic communication subject to the jurisdiction of the Federal Communications Commission. (Pub. L. 89–92, § 6, July 27, 1965, 79 Stat. 283; Pub. L. 91–222, § 2, Apr. 1, 1970, 84 Stat. 89; Pub. L. 93–109, § 3, Sept. 21, 1973, 87 Stat. 352.) Editorial Notes AMENDMENTS 1973—Pub. L. 93–109 extended prohibition against ad- vertisements to little cigars. 1970—Pub. L. 91–222 substituted provision that after January 1, 1971, it shall be unlawful to advertise ciga- rettes on any medium of electronic communication subject to the jurisdiction of the Federal Communica- tions Commission, for provision that a violation of this chapter should constitute misdemeanor and be punish- able by fine. See, now, section 1338 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93–109 effective thirty days after Sept. 21, 1973, see section 4 of Pub. L. 93–109, set out as a note under section 1332 of this title. Page 1402 TITLE 15—COMMERCE AND TRADE § 1335a EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–222 effective Jan. 1, 1970, except where otherwise specified, see section 3 of Pub. L. 91–222, set out in part as a note under section 1331 of this title. § 1335a. List of cigarette ingredients; annual sub- mission to Secretary; transmittal to Con- gress; confidentiality (a) Each person who manufactures, packages, or imports cigarettes shall annually provide the Secretary with a list of the ingredients added to tobacco in the manufacture of cigarettes which does not identify the company which uses the ingredients or the brand of cigarettes which con- tain the ingredients. A person or group of per- sons required to provide a list by this subsection may designate an individual or entity to provide the list required by this subsection. (b)(1) At such times as the Secretary considers appropriate, the Secretary shall transmit to the Congress a report, based on the information pro- vided under subsection (a), respecting— (A) a summary of research activities and proposed research activities on the health ef- fects of ingredients added to tobacco in the manufacture of cigarettes and the findings of such research; (B) information pertaining to any such in- gredient which in the judgement of the Sec- retary poses a health risk to cigarette smok- ers; and (C) any other information which the Sec- retary determines to be in the public interest. (2)(A) Any information provided to the Sec- retary under subsection (a) shall be treated as trade secret or confidential information subject to section 552(b)(4) of title 5 and section 1905 of title 18 and shall not be revealed, except as pro- vided in paragraph (1), to any person other than those authorized by the Secretary in carrying out their official duties under this section. (B) Subparagraph (A) does not authorize the withholding of a list provided under subsection (a) from any duly authorized subcommittee or committee of the Congress. If a subcommittee or committee of the Congress requests the Sec- retary to provide it such a list, the Secretary shall make the list available to the sub- committee or committee and shall, at the same time, notify in writing the person who provided the list of such request. (C) The Secretary shall establish written pro- cedures to assure the confidentiality of informa- tion provided under subsection (a). Such proce- dures shall include the designation of a duly au- thorized agent to serve as custodian of such in- formation. The agent— (i) shall take physical possession of the in- formation and, when not in use by a person au- thorized to have access to such information, shall store it in a locked cabinet or file, and (ii) shall maintain a complete record of any person who inspects or uses the information. Such procedures shall require that any person permitted access to the information shall be in- structed in writing not to disclose the informa- tion to anyone who is not entitled to have ac- cess to the information. (Pub. L. 89–92, § 7, as added Pub. L. 98–474, § 5(a), Oct. 12, 1984, 98 Stat. 2203.) Editorial Notes PRIOR PROVISIONS A prior section 7 of Pub. L. 89–92 was renumbered sec- tion 8 and is classified to section 1336 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–474, § 5(b), Oct. 12, 1984, 98 Stat. 2204, pro- vided that: ‘‘Section 7 of the Federal Cigarette Label- ing and Advertising Act [this section] added by sub- section (a) shall take effect upon the expiration of the one-year period beginning on the date of the enactment of this Act [Oct. 12, 1984].’’ § 1336. Authority of Federal Trade Commission; unfair or deceptive acts or practices Nothing in this chapter (other than the re- quirements of section 1333 of this title) shall be construed to limit, restrict, expand, or other- wise affect the authority of the Federal Trade Commission with respect to unfair or deceptive acts or practices in the advertising of cigarettes. (Pub. L. 89–92, § 8, formerly § 7, July 27, 1965, 79 Stat. 283; Pub. L. 91–222, § 2, Apr. 1, 1970, 84 Stat. 89; renumbered § 8 and amended Pub. L. 98–474, §§ 5(a), 6(c), Oct. 12, 1984, 98 Stat. 2203, 2204; Pub. L. 99–92, § 12, Aug. 16, 1985, 99 Stat. 404.) Editorial Notes PRIOR PROVISIONS A prior section 8 of Pub. L. 89–92 was renumbered sec- tion 9, classified to section 1337 of this title, and subse- quently omitted from the Code. AMENDMENTS 1985—Pub. L. 99–92 struck out ‘‘(b)’’ after ‘‘1333’’. 1984—Pub. L. 98–474 amended section generally, strik- ing out subsecs. (a) and (c) which dealt with the author- ity of the Federal Trade Commission with respect to its pending trade regulation rule proceeding relating to cigarette advertising and its authority to issue trade regulation rules or to require an affirmative statement in any cigarette advertisement, which left the provi- sions of former subsec. (b) to constitute this section. 1970—Pub. L. 91–222 substituted provisions concerning the action of the Federal Trade Commission with re- spect to its pending trade regulation rule proceeding relating to cigarette advertising, the Commission’s au- thority with respect to unfair or deceptive cigarette ad- vertising acts or practices, and its authority to issue trade regulation rules or to require an affirmative statement in any cigarette advertisement, for provi- sions investing the several district courts with jurisdic- tion, for cause shown, to prevent and restrain viola- tions of this chapter upon proper application. See sec- tion 1339 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–222 effective Jan. 1, 1970, except where otherwise specified, see section 3 of Pub. L. 91–222, set out in part as a note under section 1331 of this title. § 1337. Omitted Editorial Notes CODIFICATION Section, Pub. L. 89–92, § 9, formerly § 8, July 27, 1965, 79 Stat. 283; Pub. L. 91–222, § 2, Apr. 1, 1970, 84 Stat. 89;