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 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.