-CITE-
    15 USC CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO
           HEALTH EDUCATION                                01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

-HEAD-
       CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION   

-MISC1-
    Sec.                                                     
    4401.       Public education.                                     
    4402.       Smokeless tobacco warning.                            
    4403.       Ingredient reporting.                                 
    4404.       Enforcement, regulations, and construction.           
    4405.       Injunctions.                                          
    4406.       Preemption.                                           
    4407.       Omitted.                                              
    4408.       Definitions.                                          

-End-

-CITE-
    15 USC Sec. 4401                                            01/03/2007

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    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

-HEAD-
    Sec. 4401. Public education

-STATUTE-
    (a) Development
      (1) The Secretary of Health and Human Services shall establish
    and carry out a program to inform the public of any dangers to
    human health resulting from the use of smokeless tobacco products.
    In carrying out such program the Secretary shall - 
        (A) develop educational programs and materials and public
      service announcements respecting the dangers to human health from
      the use of smokeless tobacco;
        (B) make such programs, materials, and announcements available
      to States, local governments, school systems, the media, and such
      other entities as the Secretary determines appropriate to further
      the purposes of this chapter;
        (C) conduct and support research on the effect of smokeless
      tobacco on human health; and
        (D) collect, analyze, and disseminate information and studies
      on smokeless tobacco and health.

      (2) In developing programs, materials, and announcements under
    paragraph (1) the Secretary shall consult with the Secretary of
    Education, medical and public health entities, consumer groups,
    representatives of manufacturers of smokeless tobacco products, and
    other appropriate entities.
    (b) Assistance
      The Secretary of Health and Human Services may provide technical
    assistance and may make grants to States - 
        (1) to assist in the development of educational programs and
      materials and public service announcements respecting the dangers
      to human health from the use of smokeless tobacco,
        (2) to assist in the distribution of such programs, materials,
      and announcements throughout the States, and
        (3) to establish 18 as the minimum age for the purchase of
      smokeless tobacco.

-SOURCE-
    (Pub. L. 99-252, Sec. 2, Feb. 27, 1986, 100 Stat. 30.)

-MISC1-
                              EFFECTIVE DATE                          
      Section 11 of Pub. L. 99-252 provided that:
      "(a) In General. - Except as provided in sections 3(f) and 5(b)
    [sections 4402(f) and 4404(b) of this title] and subsection (b),
    this Act [enacting this chapter and amending section 342 of Title
    21, Food and Drugs] shall take effect one year after the date of
    enactment of this Act [Feb. 27, 1986].
      "(b) Exception. - Sections 2, 3(b), 3(c), 3(d), 3(e), 4(b), 7, 8,
    9 [sections 4401, 4402(b) to (e), 4403(b), and 4406 to 4408 of this
    title], and 10 [amending section 342 of Title 21] shall take effect
    on the date of the enactment of this Act [Feb. 27, 1986]."

                                SHORT TITLE                            
      Section 1 of Pub. L. 99-252 provided that: "This Act [enacting
    this chapter and amending section 342 of Title 21, Food and Drugs]
    may be cited as the 'Comprehensive Smokeless Tobacco Health
    Education Act of 1986'."

-End-

-CITE-
    15 USC Sec. 4402                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

-HEAD-
    Sec. 4402. Smokeless tobacco warning

-STATUTE-
    (a) General rule
      (1) It shall be unlawful for any person to manufacture, package,
    or import for sale or distribution within the United States any
    smokeless tobacco product unless the product package bears, in
    accordance with the requirements of this chapter, one of the
    following labels:
        "WARNING: THIS PRODUCT MAY CAUSE MOUTH CANCER
        "WARNING: THIS PRODUCT MAY CAUSE GUM DISEASE AND TOOTH LOSS
        "WARNING: THIS PRODUCT IS NOT A SAFE ALTERNATIVE TO
        CIGARETTES".

      (2) It shall be unlawful for any manufacturer, packager, or
    importer of smokeless tobacco products to advertise or cause to be
    advertised (other than through the use of outdoor billboard
    advertising) within the United States any smokeless tobacco product
    unless the advertising bears, in accordance with the requirements
    of this chapter, one of the labels required by paragraph (1).
    (b) Label format
      The Federal Trade Commission shall issue regulations requiring
    the label statement required by subsection (a) of this section to
    appear - 
        (1) in the case of the smokeless tobacco product package - 
          (A) in a conspicuous and prominent place on the package, and
          (B) in a conspicuous format and in conspicuous and legible
        type in contrast with all other printed material on the
        package, and

        (2) in the case of advertising subject to subsection (a)(2) of
      this section - 
          (A) in a conspicuous and prominent location in the
        advertisement and in conspicuous and legible type in contrast
        with all other printed material in the advertisement,
          (B) in the following format:

<p><img src="http://uscode.house.gov/images/code06/t154402.gif" width=576 height=579 alt="Image of item"><p>

          (C) the label statement shall appear in capital letters and
        the area of the circle and arrow shall be determined by the
        Federal Trade Commission.
    (c) Label display
      The Federal Trade Commission shall issue regulations requiring
    each label statement required by subsection (a) of this section to -
     
        (1) in the case of a smokeless tobacco product package, be
      randomly displayed by each manufacturer, packager, or importer of
      a smokeless tobacco product in each 12-month period in as equal a
      number of times as is possible on each brand of the product and
      be randomly distributed in all parts of the United States in
      which such product is marketed, and
        (2) in the case of any advertisement of a smokeless tobacco
      product, be rotated every 4 months by each manufacturer,
      packager, or importer of a smokeless tobacco product in an
      alternating sequence in the advertisement for each brand of the
      product.
    (d) Plan
      (1) Each manufacturer, packager, or importer of a smokeless
    tobacco product shall submit a plan to the Federal Trade Commission
    which specifies the method such manufacturer, packager, or importer
    will use to rotate, display, and distribute the statements required
    by subsection (a) of this section in accordance with the
    requirements of subsections (b) and (c) of this section.
      (2) The Federal Trade Commission shall approve a plan submitted
    by a manufacturer, packager, or importer of a smokeless tobacco
    product under paragraph (1) if such plan provides for the rotation,
    display, and distribution on smokeless tobacco product packages and
    advertisements of the statements required by subsection (a) of this
    section in a manner which complies with this section and the
    regulations promulgated pursuant to this section.
    (e) Application
      This section does not apply to a distributor or a retailer of any
    smokeless tobacco product which does not manufacture, package, or
    import smokeless tobacco products for sale or distribution within
    the United States.
    (f) Television and radio advertising
      Effective 6 months after February 27, 1986, it shall be unlawful
    to advertise smokeless tobacco on any medium of electronic
    communications subject to the jurisdiction of the Federal
    Communications Commission.

-SOURCE-
    (Pub. L. 99-252, Sec. 3, Feb. 27, 1986, 100 Stat. 30.)

-MISC1-
                              EFFECTIVE DATE                          
      Subsec. (a) effective one year after Feb. 27, 1986, and subsecs.
    (b) to (e) effective Feb. 27, 1986, see section 11 of Pub. L. 99-
    252, set out as a note under section 4401 of this title.

-End-

-CITE-
    15 USC Sec. 4403                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

-HEAD-
    Sec. 4403. Ingredient reporting

-STATUTE-
    (a) In general
      (1) Each person who manufactures, packages, or imports smokeless
    tobacco products shall annually provide the Secretary with - 
        (A) a list of the ingredients added to tobacco in the
      manufacture of smokeless tobacco products which does not identify
      the company which uses the ingredients or the brand of smokeless
      tobacco which contains the ingredients; and
        (B) a specification of the quantity of nicotine contained in
      each such product.

      (2) A person or group of persons required to provide information
    by this subsection may designate an individual or entity to provide
    the information required by this subsection.
    (b) Report
      (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 smokeless tobacco products and the findings
      of such research;
        (B) information pertaining to any such ingredient which in the
      judgment of the Secretary poses a health risk to users of
      smokeless tobacco; 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 a trade secret or
    confidential information subject to section 552(b)(4) of title 5
    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
    information 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 information, the Secretary shall make the
    information available to the subcommittee or committee and shall,
    at the same time, notify in writing the person who provided the
    information 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 any 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. 99-252, Sec. 4, Feb. 27, 1986, 100 Stat. 32.)

-MISC1-
                              EFFECTIVE DATE                          
      Subsec. (a) effective one year after Feb. 27, 1986, and subsec.
    (b) effective Feb. 27, 1986, see section 11 of Pub. L. 99-252, set
    out as a note under section 4401 of this title.

-End-

-CITE-
    15 USC Sec. 4404                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

-HEAD-
    Sec. 4404. Enforcement, regulations, and construction

-STATUTE-
    (a) Enforcement
      (1) A violation of section 4402 of this title or the regulations
    promulgated pursuant to this chapter shall be considered a
    violation of section 45 of this title.
      (2) Any person who is found to violate any provision of section
    4402 or 4403(a) of this title shall be guilty of a misdemeanor and
    shall on conviction 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 promulgate such regulations as it may
    require to implement section 4402 of this title.
    (c) Construction
      Nothing in this chapter (other than the requirements 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 practices in the advertising
    of smokeless tobacco products.

-SOURCE-
    (Pub. L. 99-252, Sec. 5, Feb. 27, 1986, 100 Stat. 33.)

-MISC1-
                              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.

-End-

-CITE-
    15 USC Sec. 4405                                            01/03/2007

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    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

-HEAD-
    Sec. 4405. Injunctions

-STATUTE-
      The several district courts of the United States are vested with
    jurisdiction, for cause shown, to prevent and restrain violations
    of sections 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.

-SOURCE-
    (Pub. L. 99-252, Sec. 6, Feb. 27, 1986, 100 Stat. 33.)

-MISC1-
                              EFFECTIVE DATE                          
      Section 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.

-End-

-CITE-
    15 USC Sec. 4406                                            01/03/2007

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    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

-HEAD-
    Sec. 4406. Preemption

-STATUTE-
    (a) Federal 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 Federal agency to appear on
    any package or in any advertisement (unless the advertisement is an
    outdoor billboard advertisement) 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 person from liability
    at common law or under State statutory law to any other person.

-SOURCE-
    (Pub. L. 99-252, Sec. 7, Feb. 27, 1986, 100 Stat. 34.)

-End-

-CITE-
    15 USC Sec. 4407                                            01/03/2007

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    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

-HEAD-
    Sec. 4407. Omitted

-COD-
                               CODIFICATION                           
      Section, Pub. L. 99-252, Sec. 8, Feb. 27, 1986, 100 Stat. 34,
    which required the Secretary of Health and Human Services and the
    Federal Trade Commission to transmit 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 Finance. See,
    also, pages 95 and 173 of House Document No. 103-7.

-End-

-CITE-
    15 USC Sec. 4408                                            01/03/2007

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    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

-HEAD-
    Sec. 4408. Definitions

-STATUTE-
      For purposes of this chapter:
        (1) The term "smokeless tobacco" means any finely cut, ground,
      powdered, or leaf tobacco that is intended to be placed in the
      oral cavity.
        (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, Johnston
      Island, and installations of the Armed Forces.
        (4) The term "package" means a pack, box, carton, pouch, or
      container of any kind in which smokeless tobacco products are
      offered for sale, sold, or otherwise distributed to consumers.
        (5) The term "sale or distribution" includes sampling or any
      other distribution not for sale.
        (6) The term "Secretary" means the Secretary of Health and
      Human Services.

-SOURCE-
    (Pub. L. 99-252, Sec. 9, Feb. 27, 1986, 100 Stat. 34.)

-End-