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15 U.S.C. § 4306 — Application of section 4303 protections to

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

15 U.S.C. § 4306 — Application of section 4303 protections to

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Stable record: federal_law:legal_authorities:usc2024-afea57b9feb7777ebc40f46a
Source file: Laws/federal/codes/united-states-code-2024/title-15/section-4306-application-of-section-4303-protections-to--96c956a9c1.md
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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 such programs, materials, and an- nouncements available to States, local govern- ments, school systems, the media, and such other entities as the Secretary determines ap- propriate to further the purposes of this chap- ter; (C) conduct and support research on the ef- fect of smokeless tobacco on human health; and (D) collect, analyze, and disseminate infor- mation and studies on smokeless tobacco and health. (2) In developing programs, materials, and an- nouncements 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 appro- priate 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 edu- cational programs and materials and public service announcements respecting the dangers to human health from the use of smokeless to- bacco, (2) to assist in the distribution of such pro- grams, materials, and announcements throughout the States, and (3) to establish 18 as the minimum age for the purchase of smokeless tobacco. (Pub. L. 99–252, § 2, Feb. 27, 1986, 100 Stat. 30.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 99–252, § 11, Feb. 27, 1986, 100 Stat. 35, provided that: ‘‘(a) IN GENERAL.—Except as provided in sections 3(f) and 5(b) [sections 4402(f) and 4404(b) of this title] and subsection (b), this Act [enacting this chapter and amending section 342 of Title 21, Food and Drugs] shall take effect one year after the date of enactment of this Act [Feb. 27, 1986]. ‘‘(b) EXCEPTION.—Sections 2, 3(b), 3(c), 3(d), 3(e), 4(b), 7, 8, 9 [sections 4401, 4402(b) to (e), 4403(b), and 4406 to 4408 of this title], and 10 [amending section 342 of Title 21] shall take effect on the date of the enactment of this Act [Feb. 27, 1986].’’ SHORT TITLE Pub. L. 99–252, § 1, Feb. 27, 1986, 100 Stat. 30, provided that: ‘‘This Act [enacting this chapter and amending section 342 of Title 21, Food and Drugs] may be cited as the ‘Comprehensive Smokeless Tobacco Health Edu- cation Act of 1986’.’’ § 4402. Smokeless tobacco warning (a) General rule (1) It shall be unlawful for any person to man- ufacture, 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 dis- ease and tooth loss. WARNING: This product is not a safe alter- native to cigarettes. WARNING: Smokeless tobacco is addictive. (2) Each label statement required by para- graph (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 dis- play 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 pack- age, 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

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

15 U.S.C. § 4305 — Disclosure of joint venture

**(a) Written notifications; filing** (1) Any party to a joint venture, acting on such venture’s behalf, may, not later than 90 days after entering into a written agreement to form such venture or not later than 90 days after October 11, 1984, whichever is later, file simultaneously with the Attorney General and the Commission a written notification disclosing— (A) the identities of the parties to such venture, (B) the nature and objectives of such venture, and (C) if a purpose of such venture is the production of a product, process, or service, as referred to in [section 4301(a)(6)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4301/a/6/D&num=0&edition=prelim), the identity and nationality of any person who is a party to such venture, or who controls any party to such venture whether separately or with one or more other persons acting as a group for the purpose of controlling such party. Any party to such venture, acting on such venture’s behalf, may file additional disclosure notifications pursuant to this section as are appropriate to extend the protections of [section 4303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4303&num=0&edition=prelim). In order to maintain the protections of [section 4303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4303&num=0&edition=prelim), such venture shall, not later than 90 days after a change in its membership, file simultaneously with the Attorney General and the Commission a written notification disclosing such change. (2) A standards development organization may, not later than 90 days after commencing a standards development activity engaged in for the purpose of developing or pr

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

15 U.S.C. § 4305 — Disclosure of joint venture

Page 2117 TITLE 15—COMMERCE AND TRADE § 4305 1 So in original. suit attributable to such claim, including a reasonable attorney’s fee, if the claim, or the claimant’s conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith. (b) The award made under subsection (a) may be offset in whole or in part by an award in favor of any other party for any part of the cost of suit, including a reasonable attorney’s fee, at- tributable to conduct during the litigation by any prevailing party that the court finds to be frivolous, unreasonable, without foundation, or in bad faith. (c) Subsections (a) and (b) shall not apply with respect to any person who— (1) directly participates in a standards devel- opment activity with respect to which a viola- tion of any of the antitrust laws is found, (2) is not a fulltime employee of a standards development organization that engaged in such activity, and (3) is, or is an employee or agent of a person who is, engaged in a line of commerce that is likely to benefit directly from the operation of the standards development activity with re- spect to which such violation is found. (Pub. L. 98–462, § 5, Oct. 11, 1984, 98 Stat. 1817; Pub. L. 103–42, § 3(e)(2), June 10, 1993, 107 Stat. 119; Pub. L. 108–237, title I, § 106, June 22, 2004, 118 Stat. 664.) Editorial Notes AMENDMENTS 2004—Subsec. (a). Pub. L. 108–237, § 106(1), inserted ‘‘, or of a standards development activity engaged in by a standards development organization’’ after ‘‘joint venture’’ in introductory provisions. Subsec. (c). Pub. L. 108–237, § 106(2), added subsec. (c). 1993—Subsec. (a). Pub. L. 103–42 substituted ‘‘joint venture’’ for ‘‘joint research and development venture’’ in introductory provisio

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 4305

Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 4305. This identifies an authority to review, not proof of applicability.

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

15 U.S.C. § 4306 — Application of section 4303 protections to production of products, processes, and services

Notwithstanding sections 4303 and 4305 of this title, the protections of [section 4303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4303&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4301/a/6/D&num=0&edition=prelim), unless— (1) the principal facilities for such production 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 treatment no less favorable to United States persons than to such country’s domestic persons with respect to participation in joint ventures for production.

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