-CITE-
    15 USC CHAPTER 36 - CIGARETTE LABELING AND ADVERTISING      01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 36 - CIGARETTE LABELING AND ADVERTISING

-HEAD-
              CHAPTER 36 - CIGARETTE LABELING AND ADVERTISING          

-MISC1-
    Sec.                                                     
    1331.       Congressional declaration of policy and purpose.      
    1332.       Definitions.                                          
    1333.       Labeling; requirements; conspicuous statement.        
    1334.       Preemption.                                           
    1335.       Unlawful advertisements on medium of electronic
                 communication.                                       
    1335a.      List of cigarette ingredients; annual submission to
                 Secretary; transmittal to Congress; confidentiality. 
    1336.       Authority of Federal Trade Commission; unfair or
                 deceptive acts or practices.                         
    1337.       Omitted.                                              
    1338.       Criminal penalty.                                     
    1339.       Injunction proceedings.                               
    1340.       Cigarettes for export.                                
    1341.       Smoking, research, education and information.         

-End-

-CITE-
    15 USC Sec. 1331                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 36 - CIGARETTE LABELING AND ADVERTISING

-HEAD-
    Sec. 1331. Congressional declaration of policy and purpose

-STATUTE-
      It is the policy of the Congress, and the purpose of this
    chapter, to establish a comprehensive Federal Program to deal with
    cigarette labeling and advertising with respect to any relationship
    between smoking and health, whereby - 
        (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 advertisement
      of cigarettes; and
        (2) commerce and the national economy may be (A) protected to
      the maximum extent consistent with this declared policy and (B)
      not impeded by diverse, nonuniform, and confusing cigarette
      labeling and advertising regulations with respect to any
      relationship between smoking and health.

-SOURCE-
    (Pub. L. 89-92, Sec. 2, July 27, 1965, 79 Stat. 282; Pub. L. 91-
    222, Sec. 2, Apr. 1, 1970, 84 Stat. 87; Pub. L. 98-474, Sec. 6(a),
    Oct. 12, 1984, 98 Stat. 2204.)

-MISC1-
                                AMENDMENTS                            
      1984 - Par. (1). Pub. L. 98-474 substituted "about any adverse
    health effects of cigarette smoking by inclusion of warning notices
    on each package of cigarettes and in each advertisement;" for "that
    cigarette smoking may be hazardous to health by inclusion of a
    warning to that effect on each package of cigarettes;".
      1970 - Pub. L. 91-222 reenacted section without change.

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Section 3 of Pub. L. 91-222 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                          
      Section 12, formerly Sec. 11, of Pub. L. 89-92 as renumbered by
    Pub. L. 98-474, Sec. 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                   
      Section 1 of Pub. L. 98-474 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                   
      Section 1 of Pub. L. 93-109 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                   
      Section 1 of Pub. L. 91-222 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                            
      Section 1 of Pub. L. 89-92 provided: "This Act [enacting this
    chapter] may be cited as the 'Federal Cigarette Labeling and
    Advertising Act'."

                               SEPARABILITY                           
      Section 13, formerly Sec. 12, of Pub. L. 89-92 as added by
    section 2 of Pub. L. 91-222, and renumbered Pub. L. 98-474, Sec.
    5(a), Oct. 12, 1984, 98 Stat. 2203, provided that: "If any
    provision of this Act [this chapter] or the application 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                
      Section 2 of Pub. L. 98-474 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."

-End-

-CITE-
    15 USC Sec. 1332                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 36 - CIGARETTE LABELING AND ADVERTISING

-HEAD-
    Sec. 1332. Definitions

-STATUTE-
      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 substance 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, consumers as a cigarette
        described in subparagraph (A).

        (2) The term "commerce" means (A) commerce between any State,
      the District of Columbia, 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 Commonwealth of Puerto Rico, Guam, the Virgin
      Islands, 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 Columbia, Guam, the
      Virgin Islands, American Samoa, Wake Island, Midway Islands,
      Kingman Reef, or Johnston Island.
        (3) The term "United States", when used in a geographical
      sense, includes the several States, the District of Columbia, the
      Commonwealth of Puerto Rico, Guam, the Virgin Islands, American
      Samoa, Wake Island, Midway Islands, Kingman Reef, and Johnston
      Island. The term "State" includes any political division of any
      State.
        (4) The term "package" means a pack, box, carton, or container
      of any kind in which cigarettes are offered for sale, sold, or
      otherwise distributed to consumers.
        (5) The term "person" means an individual, partnership,
      corporation, or any other business 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 substance 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
      cigarette, or packaging.
        (9) The term "Secretary" means the Secretary of Health and
      Human Services.

-SOURCE-
    (Pub. L. 89-92, Sec. 3, July 27, 1965, 79 Stat. 282; Pub. L. 91-
    222, Sec. 2, Apr. 1, 1970, 84 Stat. 88; Pub. L. 93-109, Sec. 2,
    Sept. 21, 1973, 87 Stat. 352; Pub. L. 98-474, Sec. 6(b), Oct. 12,
    1984, 98 Stat. 2204; Pub. L. 99-92, Sec. 11(b), Aug. 16, 1985, 99
    Stat. 403.)

-MISC1-
                                AMENDMENTS                            
      1985 - Pars. (8), (9). Pub. L. 99-92 added par. (8) and
    redesignated 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".

                     EFFECTIVE DATE OF 1973 AMENDMENT                 
      Section 4 of Pub. L. 93-109 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.

-End-

-CITE-
    15 USC Sec. 1333                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 36 - CIGARETTE LABELING AND ADVERTISING

-HEAD-
    Sec. 1333. Labeling; requirements; conspicuous statement

-STATUTE-
    (a) Required warnings; packages; advertisements; billboards
      (1) It shall be unlawful for any person to manufacture, package,
    or import for sale or distribution within the United States any
    cigarettes the package of which fails to bear, in accordance with
    the requirements of this section, one of the following labels:
      SURGEON GENERAL'S WARNING: Smoking Causes Lung Cancer, Heart
      Disease, Emphysema, And May Complicate Pregnancy.
      SURGEON GENERAL'S WARNING: Quitting Smoking Now Greatly Reduces
      Serious Risks to Your Health.
      SURGEON GENERAL'S WARNING: Smoking By Pregnant Women May Result
      in Fetal Injury, Premature Birth, And Low Birth Weight.
      SURGEON GENERAL'S WARNING: Cigarette Smoke Contains Carbon
      Monoxide.

      (2) It shall be unlawful for any manufacturer or importer of
    cigarettes to advertise or cause to be advertised (other than
    through the use of outdoor billboards) within the United States any
    cigarette unless the advertising bears, in accordance with the
    requirements of this section, one of the following labels:
      SURGEON GENERAL'S WARNING: Smoking Causes Lung Cancer, Heart
      Disease, Emphysema, And May Complicate Pregnancy.
      SURGEON GENERAL'S WARNING: Quitting Smoking Now Greatly Reduces
      Serious Risks to Your Health.
      SURGEON GENERAL'S WARNING: Smoking By Pregnant Women May Result
      in Fetal Injury, Premature Birth, And Low Birth Weight.
      SURGEON GENERAL'S WARNING: Cigarette Smoke Contains Carbon
      Monoxide.

      (3) It shall be unlawful for any manufacturer or importer of
    cigarettes to advertise or cause to be advertised within the United
    States through the use of outdoor billboards any cigarette unless
    the advertising bears, in accordance with the requirements of this
    section, one of the following labels:
      SURGEON GENERAL'S WARNING: Smoking Causes Lung Cancer, Heart
      Disease, And Emphysema.
      SURGEON GENERAL'S WARNING: Quitting Smoking Now Greatly Reduces
      Serious Health Risks.
      SURGEON GENERAL'S WARNING: Pregnant Women Who Smoke Risk Fetal
      Injury And Premature Birth.
      SURGEON GENERAL'S WARNING: Cigarette Smoke Contains Carbon
      Monoxide.
    (b) Conspicuous statement; label statement format; outdoor
      billboard statement format
      (1) Each label statement required by paragraph (1) of subsection
    (a) of this section shall be located in the place label statements
    were placed on cigarette packages as of October 12, 1984. The
    phrase "Surgeon General's Warning" shall appear in capital letters
    and the size of all other letters in the label shall be the same as
    the size of such letters as of October 12, 1984. All the letters in
    the label shall appear in conspicuous and legible type in contrast
    by typography, layout, or color with all other printed material on
    the package.
      (2) The format of each label statement required by paragraph (2)
    of subsection (a) of this section shall be the format required for
    label statements in cigarette advertising as of October 12, 1984,
    except that the phrase "Surgeon General's Warning" shall appear in
    capital letters, the area of the rectangle enclosing the label
    shall be 50 per centum larger in size with a corresponding increase
    in the size of the type in the label, the width of the rule forming
    the border around the label shall be twice that in effect on
    October 12, 1984, and the label may be placed at a distance from
    the outer edge of the advertisement which is one-half the distance
    permitted on October 12, 1984. Each label statement shall appear in
    conspicuous and legible type in contrast by typography, layout, or
    color with all other printed material in the advertisement.
      (3) The format and type style of each label statement required by
    paragraph (3) of subsection (a) of this section shall be the format
    and type style required in outdoor billboard advertising as of
    October 12, 1984. Each such label statement shall be printed in
    capital letters of the height of the tallest letter in a label
    statement on outdoor advertising of the same dimension on October
    12, 1984. Each such label statement shall be enclosed by a black
    border which is located within the perimeter of the format required
    in outdoor billboard advertising of the same dimension on October
    12, 1984, and the width of which is twice the width of the vertical
    element of any letter in the label statement within the border.
    (c) Rotation of label statement; plan; submission to Federal Trade
      Commission
      (1) Except as provided in paragraph (2), the label statements
    specified in paragraphs (1), (2), and (3) of subsection (a) of this
    section shall be rotated by each manufacturer or importer of
    cigarettes quarterly in alternating sequence on packages of each
    brand of cigarettes manufactured by the manufacturer or importer
    and in the advertisements for each such brand of cigarettes in
    accordance with a plan submitted by the manufacturer or importer
    and approved by the Federal Trade Commission. The Federal Trade
    Commission shall approve a plan submitted by a manufacturer or
    importer of cigarettes which will provide the rotation required by
    this subsection and which assures that all of the labels required
    by paragraphs (1), (2), and (3) will be displayed by the
    manufacturer or importer at the same time.
      (2)(A) A manufacturer or importer of cigarettes may apply to the
    Federal Trade Commission to have the label rotation described in
    subparagraph (C) apply with respect to a brand style of cigarettes
    manufactured or imported by such manufacturer or importer if - 
        (i) the number of cigarettes of such brand style sold in the
      fiscal year of the manufacturer or importer preceding the
      submission of the application is less than one-fourth of 1
      percent of all the cigarettes sold in the United States in such
      year, and
        (ii) more than one-half of the cigarettes manufactured or
      imported by such manufacturer or importer for sale in the United
      States are packaged into brand styles which meet the requirements
      of clause (i).

    If an application is approved by the Commission, the label rotation
    described in subparagraph (C) shall apply with respect to the
    applicant during the one-year period beginning on the date of the
    application approval.
      (B) An applicant under subparagraph (A) shall include in its
    application a plan under which the label statements specified in
    paragraph (1) of subsection (a) of this section will be rotated by
    the applicant manufacturer or importer in accordance with the label
    rotation described in subparagraph (C).
      (C) Under the label rotation which a manufacturer or importer
    with an approved application may put into effect each of the labels
    specified in paragraph (1) of subsection (a) of this section shall
    appear on the packages of each brand style of cigarettes with
    respect to which the application was approved an equal number of
    times within the twelve-month period beginning on the date of the
    approval by the Commission of the application.
    (d) Application; distributors; retailers
      Subsection (a) of this section does not apply to a distributor or
    a retailer of cigarettes who does not manufacture, package, or
    import cigarettes for sale or distribution within the United
    States.

-SOURCE-
    (Pub. L. 89-92, Sec. 4, July 27, 1965, 79 Stat. 283; Pub. L. 91-
    222, Sec. 2, Apr. 1, 1970, 84 Stat. 88; Pub. L. 98-474, Sec. 4(a),
    Oct. 12, 1984, 98 Stat. 2201; Pub. L. 99-92, Sec. 11[(a)], Aug. 16,
    1985, 99 Stat. 402; Pub. L. 99-117, Sec. 11(d), Oct. 7, 1985, 99
    Stat. 495.)

-MISC1-
                                AMENDMENTS                            
      1985 - Subsec. (c). Pub. L. 99-92 designated existing provisions
    as par. (1), substituted "Except as provided in paragraph (2), the"
    for "The label", and added par. (2).
      Subsec. (c)(2)(A). Pub. L. 99-117 substituted "brand style" for
    "brand" in provisions preceding cl. (i).
      1984 - Pub. L. 98-474 amended section generally, designating
    existing provisions as subsec. (a), expanding choice of warnings to
    be placed on cigarette packaging and further expanding scope of
    places that must contain warnings to include advertisements and
    outdoor billboards, and adding subsecs. (b) to (d).
      1970 - Pub. L. 91-222 substituted "Warning: The Surgeon General
    Has Determined That Cigarette Smoking Is Dangerous to Your Health"
    for "Caution: Cigarette Smoking May Be Hazardous to Your Health."

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Section 11(c) of Pub. L. 99-92 provided that:
      "(1) The amendments made by subsection (a) [probably refers to
    undesignated par. preceding subsec. (b), amending this section]
    shall take effect October 12, 1985, except that - 
        "(A) on and after the date of the enactment of this Act [Aug.
      16, 1985] a manufacturer or importer of cigarettes may apply to
      the Federal Trade Commission to have the label rotation specified
      in section 4(c)(2) of the Federal Cigarette Labeling and
      Advertising Act [subsec. (c)(2) of this section], as amended by
      subsection (a), apply to its brand styles of cigarettes and the
      Commission may take action on such an application, and
        "(B) a manufacturer or importer of cigarettes may elect to have
      the amendments apply at an earlier date or dates selected by the
      manufacturer or importer.
      "(2) The Federal Trade Commission may, upon application of a
    manufacturer or importer of cigarettes with an approved application
    under section 4(c)(2) of the Federal Cigarette Labeling and
    Advertising Act [subsec. (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 application
    for such an extension only if the Commission determines that the
    effective date specified in such paragraph (1) would cause
    unreasonable economic hardship 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                 
      Section 4(b) of Pub. L. 98-474 provided that: "The amendment made
    by subsection (a) [amending this section] shall take effect upon
    the expiration of a one-year period beginning on the date of the
    enactment of this Act [Oct. 12, 1984]."

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Section 3 of Pub. L. 91-222 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]."

-End-

-CITE-
    15 USC Sec. 1334                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 36 - CIGARETTE LABELING AND ADVERTISING

-HEAD-
    Sec. 1334. Preemption

-STATUTE-
    (a) Additional statements
      No statement relating to smoking and health, other than the
    statement required by section 1333 of this title, shall be required
    on any cigarette package.
    (b) State regulations
      No requirement or prohibition based on smoking 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 chapter.

-SOURCE-
    (Pub. L. 89-92, Sec. 5, July 27, 1965, 79 Stat. 283; Pub. L. 91-
    222, Sec. 2, Apr. 1, 1970, 84 Stat. 88.)

-MISC1-
                                AMENDMENTS                            
      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 respect to the advertising or
    promotion of any cigarettes which packages are labeled in
    conformity with the provisions 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 chapter.
      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 advertising 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.

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Section 3 of Pub. L. 91-222 provided in part that: "Section 5 of
    the amendment made by this Act [amending this section] shall take
    effect as of July 1, 1969."

-End-

-CITE-
    15 USC Sec. 1335                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 36 - CIGARETTE LABELING AND ADVERTISING

-HEAD-
    Sec. 1335. Unlawful advertisements on medium of electronic
      communication

-STATUTE-
      After January 1, 1971, it shall be unlawful to advertise
    cigarettes and little cigars on any medium of electronic
    communication subject to the jurisdiction of the Federal
    Communications Commission.

-SOURCE-
    (Pub. L. 89-92, Sec. 6, July 27, 1965, 79 Stat. 283; Pub. L. 91-
    222, Sec. 2, Apr. 1, 1970, 84 Stat. 89; Pub. L. 93-109, Sec. 3,
    Sept. 21, 1973, 87 Stat. 352.)

-MISC1-
                                AMENDMENTS                            
      1973 - Pub. L. 93-109 extended prohibition against advertisements
    to little cigars.
      1970 - Pub. L. 91-222 substituted provision that after January 1,
    1971, it shall be unlawful to advertise cigarettes on any medium of
    electronic communication subject to the jurisdiction of the Federal
    Communications Commission, for provision that a violation of this
    chapter should constitute misdemeanor and be punishable by fine.
    See, now, section 1338 of this title.

                     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.

                     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.

-End-

-CITE-
    15 USC Sec. 1335a                                           01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 36 - CIGARETTE LABELING AND ADVERTISING

-HEAD-
    Sec. 1335a. List of cigarette ingredients; annual submission to
      Secretary; transmittal to Congress; confidentiality

-STATUTE-
      (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 contain the ingredients. A person or group of
    persons 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 provided under subsection (a) of this section,
    respecting - 
        (A) a summary of research activities and proposed research
      activities on the health effects of ingredients added to tobacco
      in the manufacture of cigarettes and the findings of such
      research;
        (B) information pertaining to any such ingredient which in the
      judgement (!1) of the Secretary poses a health risk to cigarette
      smokers; and

        (C) any other information which the Secretary determines to be
      in the public interest.

      (2)(A) Any information provided to the Secretary under subsection
    (a) of this section 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
    provided 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) of this section from any duly
    authorized subcommittee or committee of the Congress. If a
    subcommittee or committee of the Congress requests the Secretary to
    provide it such a list, the Secretary shall make the list available
    to the subcommittee 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 procedures to assure
    the confidentiality of information provided under subsection (a) of
    this section. Such procedures shall include the designation of a
    duly authorized agent to serve as custodian of such information.
    The agent - 
        (i) shall take physical possession of the information and, when
      not in use by a person authorized 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 instructed in writing not to disclose the
    information to anyone who is not entitled to have access to the
    information.

-SOURCE-
    (Pub. L. 89-92, Sec. 7, as added Pub. L. 98-474, Sec. 5(a), Oct.
    12, 1984, 98 Stat. 2203.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 7 of Pub. L. 89-92 was renumbered section 8 and
    is classified to section 1336 of this title.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Section 5(b) of Pub. L. 98-474 provided that: "Section 7 of the
    Federal Cigarette Labeling and Advertising Act [this section] added
    by subsection (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]."

-FOOTNOTE-
    (!1) So in original. Probably should be "judgment".

-End-

-CITE-
    15 USC Sec. 1336                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 36 - CIGARETTE LABELING AND ADVERTISING

-HEAD-
    Sec. 1336. Authority of Federal Trade Commission; unfair or
      deceptive acts or practices

-STATUTE-
      Nothing in this chapter (other than the requirements of section
    1333 of this title) shall be construed to limit, restrict, expand,
    or otherwise affect the authority of the Federal Trade Commission
    with respect to unfair or deceptive acts or practices in the
    advertising of cigarettes.

-SOURCE-
    (Pub. L. 89-92, Sec. 8, formerly Sec. 7, July 27, 1965, 79 Stat.
    283; Pub. L. 91-222, Sec. 2, Apr. 1, 1970, 84 Stat. 89; renumbered
    Sec. 8 and amended Pub. L. 98-474, Secs. 5(a), 6(c), Oct. 12, 1984,
    98 Stat. 2203, 2204; Pub. L. 99-92, Sec. 12, Aug. 16, 1985, 99
    Stat. 404.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 8 of Pub. L. 89-92 was renumbered section 9,
    classified to section 1337 of this title, and subsequently omitted
    from the Code.

                                AMENDMENTS                            
      1985 - Pub. L. 99-92 struck out "(b)" after "1333".
      1984 - Pub. L. 98-474 amended section generally, striking out
    subsecs. (a) and (c) which dealt with the authority 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 provisions of former
    subsec. (b) to constitute this section.
      1970 - Pub. L. 91-222 substituted provisions concerning the
    action of the Federal Trade Commission with respect to its pending
    trade regulation rule proceeding relating to cigarette advertising,
    the Commission's authority with respect to unfair or deceptive
    cigarette advertising acts or practices, and its authority to issue
    trade regulation rules or to require an affirmative statement in
    any cigarette advertisement, for provisions investing the several
    district courts with jurisdiction, for cause shown, to prevent and
    restrain violations of this chapter upon proper application. See
    section 1339 of this title.

                     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.

-End-

-CITE-
    15 USC Sec. 1337                                            01/03/2007

-EXPCITE-
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    CHAPTER 36 - CIGARETTE LABELING AND ADVERTISING

-HEAD-
    Sec. 1337. Omitted

-COD-
                               CODIFICATION                           
      Section, Pub. L. 89-92, Sec. 9, formerly Sec. 8, July 27, 1965,
    79 Stat. 283; Pub. L. 91-222, Sec. 2, Apr. 1, 1970, 84 Stat. 89;
    renumbered Sec. 9 and amended Pub. L. 98-474, Secs. 5(a), 6(d),
    Oct. 12, 1984, 98 Stat. 2203, 2205, which required the Secretary of
    Health and Human Services to transmit an annual report to Congress
    concerning health consequences of smoking and recommendations for
    legislation, and which required the Federal Trade Commission to
    transmit an annual report to Congress concerning practices and
    methods of cigarette advertising and promotion and recommendations
    for legislation, 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 Finance. See, also, pages 95
    and 172 of House Document No. 103-7.
      A prior section 9 of Pub. L. 89-92 was renumbered section 10 and
    is classified to section 1338 of this title.

-End-

-CITE-
    15 USC Sec. 1338                                            01/03/2007

-EXPCITE-
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    CHAPTER 36 - CIGARETTE LABELING AND ADVERTISING

-HEAD-
    Sec. 1338. Criminal penalty

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 89-92, Sec. 10, formerly Sec. 9, July 27, 1965, 79 Stat.
    284; Pub. L. 91-222, Sec. 2, Apr. 1, 1970, 84 Stat. 89; renumbered
    Sec. 10, Pub. L. 98-474, Sec. 5(a), Oct. 12, 1984, 98 Stat. 2203.)

-MISC1-
                             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 violators 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 affected. See Separability note set out under
    section 1331 of this title.

                     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.

-End-

-CITE-
    15 USC Sec. 1339                                            01/03/2007

-EXPCITE-
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    CHAPTER 36 - CIGARETTE LABELING AND ADVERTISING

-HEAD-
    Sec. 1339. Injunction proceedings

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 89-92, Sec. 11, formerly Sec. 10, July 27, 1965, 79 Stat.
    284; Pub. L. 91-222, Sec. 2, Apr. 1, 1970, 84 Stat. 89; renumbered
    Sec. 11, Pub. L. 98-474, Sec. 5(a), Oct. 12, 1984, 98 Stat. 2203.)

-MISC1-
                             PRIOR PROVISIONS                         
      Two prior sections 11 of Pub. L. 89-92 were renumbered section 12
    by section 5(a) of Pub. L. 98-474 and are classified to section
    1340 of this title and as an Effective 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, expanding or otherwise affecting such
    jurisdiction which Federal Trade Commission or other federal
    agencies had prior to July 27, 1965.

                     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.

-End-

-CITE-
    15 USC Sec. 1340                                            01/03/2007

-EXPCITE-
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    CHAPTER 36 - CIGARETTE LABELING AND ADVERTISING

-HEAD-
    Sec. 1340. Cigarettes for export

-STATUTE-
      Packages of cigarettes manufactured, imported, 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 requirements of this chapter, but such exemptions shall
    not apply to cigarettes manufactured, imported, or packaged for
    sale or distribution to members or units of the Armed Forces of the
    United States located outside of the United States.

-SOURCE-
    (Pub. L. 89-92, Sec. 12, formerly Sec. 11, as added Pub. L. 91-222,
    Sec. 2, Apr. 1, 1970, 84 Stat. 89; renumbered Sec. 12, Pub. L. 98-
    474, Sec. 5(a), Oct. 12, 1984, 98 Stat. 2203.)

-COD-
                               CODIFICATION                           
      Another section 12 of Pub. L. 89-92, July 27, 1965, 79 Stat. 284,
    is set out as an Effective Date note under section 1331 of this
    title.

-MISC1-
                             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.

                              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.

-End-

-CITE-
    15 USC Sec. 1341                                            01/03/2007

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    CHAPTER 36 - CIGARETTE LABELING AND ADVERTISING

-HEAD-
    Sec. 1341. Smoking, research, education and information

-STATUTE-
    (a) Establishment of program; Secretary; functions
      The Secretary of Health and Human Services (hereinafter in this
    section referred to as the "Secretary") shall establish and carry
    out a program 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 effect 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 Department of Health and Human Services
      (hereinafter in this section referred to as the "Department")
      which relate to the effect of cigarette smoking on human health
      and coordinate, through the Interagency Committee on Smoking and
      Health (established under subsection (b) of this section), such
      activities with similar activities of other Federal agencies and
      of private agencies;
        (3) establish and maintain a liaison with appropriate private
      entities, other Federal agencies, and State and local public
      agencies respecting activities relating to the effect of
      cigarette smoking on human health;
        (4) collect, analyze, and disseminate (through publications,
      bibliographies, and otherwise) information, studies, and other
      data relating to the effect of cigarette smoking on human health,
      and develop standards, criteria, and methodologies for improved
      information programs related to smoking and health;
        (5) compile and make available information on State and local
      laws relating to the use and consumption of cigarettes; and
        (6) undertake any other additional information and research
      activities which the Secretary determines necessary and
      appropriate to carry out this section.
    (b) Interagency Committee on Smoking and Health; composition;
      chairman; compensation; staffing and other assistance
      (1) To carry out the activities described in paragraphs (2) and
    (3) of subsection (a) of this section there is established an
    Interagency Committee on Smoking and Health. The Committee shall be
    composed of - 
        (A) members appointed by the Secretary from appropriate
      institutes and agencies of the Department, which may include the
      National Cancer Institute, the National Heart, Lung, and Blood
      Institute, the National Institute of Child Health and Human
      Development, the National Institute on Drug Abuse, the Health
      Resources and Services Administration, and the Centers for
      Disease Control and Prevention;
        (B) at least one member appointed from the Federal Trade
      Commission, the Department of Education, the Department of Labor,
      and any other Federal agency designated by the Secretary, the
      appointment of whom shall be made by the head of the entity from
      which the member is appointed; and
        (C) five members appointed by the Secretary from physicians and
      scientists who represent private entities involved in informing
      the public about the health effects of smoking.

    The Secretary shall designate the chairman of the Committee.
      (2) While away from their homes or regular places of business in
    the performance of services for the Committee, members of the
    Committee shall be allowed travel expenses, including per diem in
    lieu of subsistance,(!1) in the manner provided by sections 5702
    and 5703 of title 5.

      (3) The Secretary shall make available to the Committee such
    staff, information, and other assistance as it may require to carry
    out its activities effectively.
    (c) Report to Congress; contents
      The Secretary shall transmit a report to Congress not later than
    January 1, 1986, and biennially thereafter which shall contain - 
        (1) an overview and assessment of Federal activities undertaken
      to inform the public of the health consequences of smoking and
      the extent of public knowledge of such consequences,
        (2) a description of the Secretary's and Committee's activities
      under subsection (a) of this section,
        (3) information regarding the activities of the private sector
      taken in response to the effects of smoking on health, and
        (4) such recommendations as the Secretary may consider
      appropriate.

-SOURCE-
    (Pub. L. 98-474, Sec. 3, Oct. 12, 1984, 98 Stat. 2200; Pub. L. 99-
    92, Sec. 13, Aug. 16, 1985, 99 Stat. 404; Pub. L. 102-531, title
    III, Sec. 312(a), Oct. 27, 1992, 106 Stat. 3504.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Comprehensive Smoking
    Education Act, and not as part of the Federal Cigarette Labeling
    and Advertising Act which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (b)(1)(A), Pub. L. 102-531 substituted "Centers
    for Disease Control and Prevention" for "Centers for Disease
    Control".
      1985 - Subsec. (c). Pub. L. 99-92 substituted "1986" for "1985".

-FOOTNOTE-
    (!1) So in original. Probably should be "subsistence,".

-End-