propriate for protection of the public health; 
and 
‘‘(iii) an exemption is otherwise appro-
priate. 
‘‘(B) REGULATIONS.—Not later than 15 
months after the date of enactment of the Family 
Smoking Prevention and Tobacco Control Act, 
the Secretary shall issue regulations to imple-
ment this paragraph. 
‘‘SEC. 906. GENERAL PROVISIONS RESPECTING CONTROL 
OF TOBACCO PRODUCTS. 
‘‘(a) IN GENERAL.—Any requirement established by or 
under section 902, 903, 905, or 909 applicable to a tobacco 
product shall apply to such tobacco product until the appli-
cability of the requirement to the tobacco product has been 
changed by action taken under section 907, section 910, sec-
tion 911, or subsection (d) of this section, and any require-
ment established by or under section 902, 903, 905, or 909 
which is inconsistent with a requirement imposed on such 
tobacco product under section 907, section 910, section 911, 
or subsection (d) of this section shall not apply to such to-
bacco product. 
‘‘(b) INFORMATION
ON PUBLIC ACCESS
AND COM-
MENT.—Each notice of proposed rulemaking or other notifi-
cation under section 907, 908, 909, 910, or 911 or under 
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this section, any other notice which is published in the Fed-
eral Register with respect to any other action taken under 
any such section and which states the reasons for such ac-
tion, and each publication of findings required to be made 
in connection with rulemaking under any such section shall 
set forth— 
‘‘(1) the manner in which interested persons may 
examine data and other information on which the no-
tice or findings is based; and 
‘‘(2) the period within which interested persons 
may present their comments on the notice or findings 
(including the need therefore) orally or in writing, 
which period shall be at least 60 days but may not 
exceed 90 days unless the time is extended by the Sec-
retary by a notice published in the Federal Register 
stating good cause therefore. 
‘‘(c) LIMITED CONFIDENTIALITY OF INFORMATION.— 
Any information reported to or otherwise obtained by the 
Secretary or the Secretary’s representative under section 
903, 904, 907, 908, 909, 910, 911, or 704, or under sub-
section (e) or (f) of this section, which is exempt from disclo-
sure under subsection (a) of section 552 of title 5, United 
States Code, by reason of subsection (b)(4) of that section 
shall be considered confidential and shall not be disclosed, 
except that the information may be disclosed to other offi-
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cers or employees concerned with carrying out this chapter, 
or when relevant in any proceeding under this chapter. 
‘‘(d) RESTRICTIONS.— 
‘‘(1) IN GENERAL.—The Secretary may by regu-
lation require restrictions on the sale and distribution 
of a tobacco product, including restrictions on the ac-
cess to, and the advertising and promotion of, the to-
bacco product, if the Secretary determines that such 
regulation would be appropriate for the protection of 
the public health. The Secretary may by regulation 
impose restrictions on the advertising and promotion 
of a tobacco product consistent with and to full extent 
permitted by the first amendment to the Constitution. 
The finding as to whether such regulation would be 
appropriate for the protection of the public health 
shall be determined with respect to the risks and bene-
fits to the population as a whole, including users and 
nonusers of the tobacco product, and taking into ac-
count— 
‘‘(A) the increased or decreased likelihood 
that existing users of tobacco products will stop 
using such products; and 
‘‘(B) the increased or decreased likelihood 
that those who do not use tobacco products will 
start using such products. 
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No such regulation may require that the sale or dis-
tribution of a tobacco product be limited to the writ-
ten or oral authorization of a practitioner licensed by 
law to prescribe medical products. 
‘‘(2) LABEL STATEMENTS.—The label of a to-
bacco product shall bear such appropriate statements 
of the restrictions required by a regulation under sub-
section (a) as the Secretary may in such regulation 
prescribe. 
‘‘(3) LIMITATIONS.— 
‘‘(A) IN GENERAL.—No restrictions under 
paragraph (1) may— 
‘‘(i) prohibit the sale of any tobacco 
product in face-to-face transactions by a 
specific category of retail outlets; or 
‘‘(ii) establish a minimum age of sale 
of tobacco products to any person older than 
18 years of age. 
‘‘(B) MATCHBOOKS.—For purposes of any 
regulations issued by the Secretary, matchbooks 
of conventional size containing not more than 20 
paper matches, and which are customarily given 
away for free with the purchase of tobacco prod-
ucts, shall be considered as adult-written publi-
cations which shall be permitted to contain ad-
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vertising. Notwithstanding the preceding sen-
tence, if the Secretary finds that such treatment 
of matchbooks is not appropriate for the protec-
tion of the public health, the Secretary may de-
termine by regulation that matchbooks shall not 
be considered adult-written publications. 
‘‘(4) REMOTE SALES.— 
‘‘(A) IN GENERAL.—The Secretary shall— 
‘‘(i) within 18 months after the date of 
enactment of this chapter, promulgate regu-
lations regarding the sale and distribution 
of tobacco products that occur through 
means other than a direct, face-to-face ex-
change between a retailer and a consumer 
in order to prevent the sale and distribution 
of tobacco products to individuals who have 
not attained the minimum age established 
by applicable law for the purchase of such 
products, including requirements for age 
verification; and 
‘‘(ii) within 2 years after such date of 
enactment, issue regulations to address the 
promotion and marketing of tobacco prod-
ucts that are sold or distributed through 
means other than a direct, face-to-face ex-
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