15 U.S.C. § 1337 — Omitted

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; Page 1403 TITLE 15—COMMERCE AND TRADE § 1341 renumbered § 9 and amended Pub. L. 98–474, §§ 5(a), 6(d), Oct. 12, 1984, 98 Stat. 2203, 2205, which required the Sec- retary of Health and Human Services to transmit an annual report to Congress concerning health con- sequences of smoking and recommendations for legisla- tion, and which required the Federal Trade Commission to transmit an annual report to Congress concerning practices and methods of cigarette advertising and pro- motion and recommendations for legislation, termi- nated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under sec- tion 1113 of Title 31, Money and Finance. See, also, pages 95 and 172 of House Document No. 103–7. A prior section 9 of Pub. L. 89–92 was renumbered sec- tion 10 and is classified to section 1338 of this title. § 1338. Criminal penalty Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than $10,000. (Pub. L. 89–92, § 10, formerly § 9, July 27, 1965, 79 Stat. 284; Pub. L. 91–222, § 2, Apr. 1, 1970, 84 Stat. 89; renumbered § 10, Pub. L. 98–474, § 5(a), Oct. 12, 1984, 98 Stat. 2203.) Editorial Notes PRIOR PROVISIONS A prior section 10 of Pub. L. 89–92 was renumbered section 11 and is classified to section 1339 of this title. AMENDMENTS 1970—Pub. L. 91–222 substituted provisions that viola- tors shall be guilty of a misdemeanor and subject to fine, for provision that if any part of this chapter be held invalid, other provisions thereof shall not be af- fected. See Separability note set out under section 1331 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. § 1339. Injunction proceedings The several district courts of the United States are invested with jurisdiction, for cause shown, to prevent and restrain violations of this chapter upon the application of the Attorney General of the United States acting through the several United States attorneys in their several districts. (Pub. L. 89–92, § 11, formerly § 10, July 27, 1965, 79 Stat. 284; Pub. L. 91–222, § 2, Apr. 1, 1970, 84 Stat. 89; renumbered § 11, Pub. L. 98–474, § 5(a), Oct. 12, 1984, 98 Stat. 2203.) Editorial Notes PRIOR PROVISIONS Two prior sections 11 of Pub. L. 89–92 were renum- bered section 12 by section 5(a) of Pub. L. 98–474 and are classified to section 1340 of this title and as an Effec- tive Date note under section 1331 of this title. AMENDMENTS 1970—Pub. L. 91–222 substituted provision that the several district courts are invested with jurisdiction in injunction proceedings, for provisions that regulation of advertising terminate on July 1, 1969, but that such termination shall not be construed as limiting, expand- ing or otherwise affecting such jurisdiction which Fed- eral Trade Commission or other federal agencies had prior to July 27, 1965. 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. § 1340. Cigarettes for export Packages of cigarettes manufactured, im- ported, or packaged (1) for export from the United States or (2) for delivery to a vessel or aircraft, as supplies, for consumption beyond the jurisdiction of the internal revenue laws of the United States shall be exempt from the re- quirements of this chapter, but such exemptions shall not apply to cigarettes manufactured, im- ported, or packaged for sale or distribution to members or units of the Armed Forces of the United States located outside of the United States. (Pub. L. 89–92, § 12, formerly § 11, as added Pub. L. 91–222, § 2, Apr. 1, 1970, 84 Stat. 89; renumbered § 12, Pub. L. 98–474, § 5(a), Oct. 12, 1984, 98 Stat. 2203.) Editorial Notes CODIFICATION Another section 12 of Pub. L. 89–92, July 27, 1965, 79 Stat. 284, is set out as an Effective Date note under sec- tion 1331 of this title. PRIOR PROVISIONS A prior section 12 of Pub. L. 89–92 was renumbered section 13 and is set out as a Separability note under section 1331 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1970, see section 3 of Pub. L. 91–222, set out in part as a note under section 1331 of this title. § 1341. Smoking, research, education and infor- mation (a) Establishment of program; Secretary; func- tions The Secretary of Health and Human Services (hereinafter in this section referred to as the ‘‘Secretary’’) shall establish and carry out a pro- gram to inform the public of any dangers to human health presented by cigarette smoking. In carrying out such program, the Secretary shall— (1) conduct and support research on the ef- fect of cigarette smoking on human health and develop materials for informing the public of such effect; (2) coordinate all research and educational programs and other activities within the De- partment of Health and Human Services (here- inafter in this section referred to as the ‘‘De- partment’’) which relate to the effect of ciga- rette smoking on human health and coordi-