15 U.S.C. § 1332 — Definitions

Page 1397 TITLE 15—COMMERCE AND TRADE § 1332 CHAPTER 35—SEAT BELT REGULATION §§ 1321 to 1323. Repealed. Pub. L. 89–563, title I, § 117(a), Sept. 9, 1966, 80 Stat. 727 Sections, Pub. L. 88–201, §§ 1–3, Dec. 13, 1963, 77 Stat. 361, provided for the promulgation of standards for seat belts in motor vehicles and set the penalty for the un- lawful sale, importation, or introduction into com- merce of seat belts not meeting the published stand- ards. For savings provision, see section 117(b) to (e) of Pub. L. 89–563, formerly set out as a note under section 1301 of this title. CHAPTER 36—CIGARETTE LABELING AND ADVERTISING Sec. 1331. Congressional declaration of policy and pur- pose. 1332. Definitions. 1333. Labeling. 1334. Preemption. 1335. Unlawful advertisements on medium of elec- tronic communication. 1335a. List of cigarette ingredients; annual submis- sion to Secretary; transmittal to Congress; confidentiality. 1336. Authority of Federal Trade Commission; un- fair or deceptive acts or practices. 1337. Omitted. 1338. Criminal penalty. 1339. Injunction proceedings. 1340. Cigarettes for export. 1341. Smoking, research, education and informa- tion. § 1331. Congressional declaration of policy and purpose It is the policy of the Congress, and the pur- pose of this chapter, to establish a comprehen- sive Federal Program to deal with cigarette la- beling and advertising with respect to any rela- tionship between smoking and health, where- by— (1) the public may be adequately informed about any adverse health effects of cigarette smoking by inclusion of warning notices on each package of cigarettes and in each adver- tisement of cigarettes; and (2) commerce and the national economy may be (A) protected to the maximum extent con- sistent with this declared policy and (B) not impeded by diverse, nonuniform, and con- fusing cigarette labeling and advertising regu- lations with respect to any relationship be- tween smoking and health. (Pub. L. 89–92, § 2, July 27, 1965, 79 Stat. 282; Pub. L. 91–222, § 2, Apr. 1, 1970, 84 Stat. 87; Pub. L. 98–474, § 6(a), Oct. 12, 1984, 98 Stat. 2204.) Editorial Notes AMENDMENTS 1984—Par. (1). Pub. L. 98–474 substituted ‘‘about any adverse health effects of cigarette smoking by inclu- sion of warning notices on each package of cigarettes and in each advertisement;’’ for ‘‘that cigarette smok- ing may be hazardous to health by inclusion of a warn- ing to that effect on each package of cigarettes;’’. 1970—Pub. L. 91–222 reenacted section without change. 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: ‘‘All other provisions of the amendment made by this Act [enacting section 1340 of this title, amending this section and sections 1332 and 1335 to 1339 of this title, and enacting provisions set out as notes under this section] except where otherwise specified shall take effect on January 1, 1970.’’ EFFECTIVE DATE Pub. L. 89–92, § 12, formerly § 11, July 27, 1965, 79 Stat. 284, as renumbered by Pub. L. 98–474, § 5(a), Oct. 12, 1984, 98 Stat. 2203, provided that: ‘‘This Act [this chapter] shall take effect on January 1, 1966.’’ SHORT TITLE OF 1984 AMENDMENT Pub. L. 98–474, § 1, Oct. 12, 1984, 98 Stat. 2200, provided that: ‘‘This Act [enacting sections 1335a and 1341 of this title, amending this section and sections 1332, 1333, 1336, and 1337 of this title, and enacting provisions set out as notes under this section and sections 1333 and 1335a of this title] may be cited as the ‘Comprehensive Smoking Education Act’.’’ SHORT TITLE OF 1973 AMENDMENT Pub. L. 93–109, § 1, Sept. 21, 1973, 87 Stat. 352, provided: ‘‘That this Act [amending sections 1332 and 1335 of this title] may be cited as the ‘Little Cigar Act of 1973’.’’ SHORT TITLE OF 1970 AMENDMENT Pub. L. 91–222, § 1, Apr. 1, 1970, 84 Stat. 87, provided: ‘‘That this Act [enacting section 1340 of this title, amending this section and sections 1332 to 1339 of this title, and enacting provisions set out as notes under this section and sections 1333 and 1334 of this title] may be cited as the ‘Public Health Cigarette Smoking Act of 1969’.’’ SHORT TITLE Pub. L. 89–92, § 1, July 27, 1965, 79 Stat. 282, provided: ‘‘This Act [enacting this chapter] may be cited as the ‘Federal Cigarette Labeling and Advertising Act’.’’ SEPARABILITY Pub. L. 89–92, § 13, formerly § 12, as added by Pub. L. 91–222, § 2, Apr. 1, 1970, 84 Stat. 90, and renumbered Pub. L. 98–474, § 5(a), Oct. 12, 1984, 98 Stat. 2203, provided that: ‘‘If any provision of this Act [this chapter] or the appli- cation thereof to any person or circumstances is held invalid, the other provisions of this Act [this chapter] and the application of such provisions to other persons or circumstances shall not be affected thereby.’’ CONGRESSIONAL STATEMENT OF PURPOSE Pub. L. 98–474, § 2, Oct. 12, 1984, 98 Stat. 2200, provided that: ‘‘It is the purpose of this Act [see Short Title of 1984 Amendment note above] to provide a new strategy for making Americans more aware of any adverse health effects of smoking, to assure the timely and widespread dissemination of research findings and to enable individuals to make informed decisions about smoking.’’ § 1332. Definitions As used in this chapter— (1) The term ‘‘cigarette’’ means— (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco, and (B) any roll of tobacco wrapped in any sub- stance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, con- sumers as a cigarette described in subpara- graph (A). (2) The term ‘‘commerce’’ means (A) com- merce between any State, the District of Co- Page 1398 TITLE 15—COMMERCE AND TRADE § 1333 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, and Johnston Island. The term ‘‘State’’ includes any political divi- sion of any State. (4) The term ‘‘package’’ means a pack, box, carton, or container of any kind in which ciga- rettes are offered for sale, sold, or otherwise distributed to consumers. (5) The term ‘‘person’’ means an individual, partnership, corporation, or any other busi- ness or legal entity. (6) The term ‘‘sale or distribution’’ includes sampling or any other distribution not for sale. (7) The term ‘‘little cigar’’ means any roll of tobacco wrapped in leaf tobacco or any sub- stance containing tobacco (other than any roll of tobacco which is a cigarette within the meaning of subsection (1)) and as to which one thousand units weigh not more than three pounds. (8) The term ‘‘brand style’’ means a variety of cigarettes distinguished by the tobacco used, tar and nicotine content, flavoring used, size of the cigarette, filtration on the ciga- rette, or packaging. (9) The term ‘‘Secretary’’ means the Sec- retary of Health and Human Services. (Pub. L. 89–92, § 3, July 27, 1965, 79 Stat. 282; Pub. L. 91–222, § 2, Apr. 1, 1970, 84 Stat. 88; Pub. L. 93–109, § 2, Sept. 21, 1973, 87 Stat. 352; Pub. L. 98–474, § 6(b), Oct. 12, 1984, 98 Stat. 2204; Pub. L. 99–92, § 11(b), Aug. 16, 1985, 99 Stat. 403.) Editorial Notes AMENDMENTS 1985—Pars. (8), (9). Pub. L. 99–92 added par. (8) and re- designated former par. (8) as (9). 1984—Par. (8). Pub. L. 98–474 added par. (8). 1973—Subsec. (7). Pub. L. 93–109 added subsec. (7). 1970—Subsec. (3). Pub. L. 91–222 inserted provisions defining ‘‘State’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1973 AMENDMENT Pub. L. 93–109, § 4, Sept. 21, 1973, 87 Stat. 352, provided that: ‘‘The amendment made by this Act [amending this section and section 1335 of this title] shall become effective thirty days after the date of enactment [Sept. 21, 1973].’’ 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. § 1333. Labeling (a) Label requirements (1) In general It shall be unlawful for any person to manu- facture, package, sell, offer to sell, distribute, or import for sale or distribution within the United States any cigarettes the package of which fails to bear, in accordance with the re- quirements of this section, one of the fol- lowing labels: WARNING: Cigarettes are addictive. WARNING: Tobacco smoke can harm your children. WARNING: Cigarettes cause fatal lung dis- ease. WARNING: Cigarettes cause cancer. WARNING: Cigarettes cause strokes and heart disease. WARNING: Smoking during pregnancy can harm your baby. WARNING: Smoking can kill you. WARNING: Tobacco smoke causes fatal lung disease in nonsmokers. WARNING: Quitting smoking now greatly reduces serious risks to your health. (2) Placement; typography; etc. Each label statement required by paragraph (1) shall be located in the upper portion of the front and rear panels of the package, directly on the package underneath the cellophane or other clear wrapping. Each label statement shall comprise the top 50 percent of the front and rear panels of the package. The word ‘‘WARNING’’ shall appear in capital letters and all text shall be in conspicuous and legible 17-point type, unless the text of the label statement would occupy more than 70 percent of such area, in which case the text may be in a smaller conspicuous and legible type size, provided that at least 60 percent of such area is occupied by required text. The text shall be black on a white background, or white on a black background, in a manner that contrasts, by typography, layout, or color, with all other printed material on the package, in an alter- nating fashion under the plan submitted under subsection (c). (3) Does not apply to foreign distribution The provisions of this subsection do not apply to a tobacco product manufacturer or distributor of cigarettes which does not manu- facture, package, or import cigarettes for sale or distribution within the United States. (4) Applicability to retailers A retailer of cigarettes shall not be in viola- tion of this subsection for packaging that— (A) contains a warning label; (B) is supplied to the retailer by a license- or permit-holding tobacco product manufac- turer, importer, or distributor; and (C) is not altered by the retailer in a way that is material to the requirements of this subsection. (b) Advertising requirements (1) In general It shall be unlawful for any tobacco product manufacturer, importer, distributor, or re-