15 U.S.C. § 4405 — Injunctions

Page 2122 TITLE 15—COMMERCE AND TRADE § 4405 chapter shall be considered a violation of sec- tion 45 of this title. (2) Any person who is found to violate any pro- vision of section 4402 or 4403(a) of this title shall be guilty of a misdemeanor and shall on convic- tion thereof be subject to a fine of not more than $10,000. (b) Regulations under section 4402 of this title (1) Regulations issued by the Federal Trade Commission under section 4402 of this title shall be issued in accordance with section 553 of title 5. (2) Not later than 180 days after February 27, 1986, the Federal Trade Commission shall pro- mulgate such regulations as it may require to implement section 4402 of this title. (c) Construction Nothing in this chapter (other than the re- quirements of sections 4402 and 4403 of this title) shall be construed to limit, restrict, or expand the authority of the Federal Trade Commission with respect to unfair or deceptive acts or prac- tices in the advertising of smokeless tobacco products. (Pub. L. 99–252, § 5, Feb. 27, 1986, 100 Stat. 33.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subsecs. (a) and (c) effective one year after Feb. 27, 1986, see section 11(a) of Pub. L. 99–252, set out as a note under section 4401 of this title. § 4405. Injunctions The several district courts of the United States are vested with jurisdiction, for cause shown, to prevent and restrain violations of sec- tions 4402 and 4403 of this title upon application of the Federal Trade Commission in the case of a violation of section 4402 of this title or upon application of the Attorney General of the United States acting through the several United States attorneys in their several districts in the case of a violation of section 4402 or 4403 of this title. (Pub. L. 99–252, § 6, Feb. 27, 1986, 100 Stat. 33.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective one year after Feb. 27, 1986, see sec- tion 11(a) of Pub. L. 99–252, set out as a note under sec- tion 4401 of this title. § 4406. Preemption (a) Federal action Except as provided in the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), no statement relating to the use of smokeless tobacco prod- ucts and health, other than the statements re- quired by section 4402 of this title, shall be re- quired by any Federal agency to appear on any package or in any advertisement (unless the ad- vertisement is an outdoor billboard advertise- ment) of a smokeless tobacco product. (b) State and local action No statement relating to the use of smokeless tobacco products and health, other than the statements required by section 4402 of this title, shall be required by any State or local statute or regulation to be included on any package or in any advertisement (unless the advertisement is an outdoor billboard advertisement) of a smokeless tobacco product. (c) Effect on liability law Nothing in this chapter shall relieve any per- son from liability at common law or under State statutory law to any other person. (Pub. L. 99–252, § 7, Feb. 27, 1986, 100 Stat. 34; Pub. L. 111–31, div. A, title II, § 205(b), June 22, 2009, 123 Stat. 1849.) 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. AMENDMENTS 2009—Subsec. (a). Pub. L. 111–31 substituted ‘‘Except as provided in the Family Smoking Prevention and To- bacco Control Act (and the amendments made by that Act), no’’ for ‘‘No’’. § 4407. Omitted Editorial Notes CODIFICATION Section, Pub. L. 99–252, § 8, Feb. 27, 1986, 100 Stat. 34, which required the Secretary of Health and Human Services and the Federal Trade Commission to trans- mit biennial reports to Congress on smokeless tobacco products, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Fi- nance. See, also, pages 95 and 173 of House Document No. 103–7. § 4408. Definitions For purposes of this chapter: (1) The term ‘‘smokeless tobacco’’ has the meaning given such term by section 387(18) of title 21. (2) The term ‘‘commerce’’ means (A) com- merce between any State, the District of Co- 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, Johnston Island, and installations of the Armed Forces.