Comprehensive Smokeless Tobacco Health Education Act of 1986
PL 99-252 (S.1574), enacted 02/27/1986

100 STAT. 30 
PUBLIC LAW 99-252—FEB. 27, 1986 
Public Law 99-252 
99th Congress 
An Act 
Feb. 27, 1986 
[S. 1574] 
Comprehensive 
Smokeless 
Tobacco Health 
Education Act of 
1986. 
15 u s e 4401 
note. 
15 u s e 4401. 
Research and 
development. 
Public 
information. 
Grants. 
State and local 
governments. 
Labeling. 
15 u s e 4402. 
To provide for public education concerning the health consequences of using 
smokeless tobacco products. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Comprehensive Smokeless Tobacco 
Health Education Act of 1986". 
SEC. 2. PUBLIC EDUCATION. 
(a) DEVELOPMENT.—(1) The Secretary of Health and Human Serv-
ices 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 Act; 
(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 dan-
gers 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. 
SEC. 3. SMOKELESS TOBACCO WARNING. 
(a) GENERAL RULE.— 
(1) It shall be unlawful for any person to manufacture, pack-
age, 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 Act, one of 
the following labels: 
PUBLIC LAW 99-252—FEB. 27, 1986 
100 STAT. 31 
"WARNING: THIS PRODUCT MAY CAUSE MOUTH 
CANCER 
"WARNING: THIS PRODUCT MAY CAUSE GUM DIS-
EASE AND TOOTH LOSS 
"WARNING: THIS PRODUCT IS NOT A SAFE ALTERNA-
TIVE 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 Act, one of the labels required by para-
graph (1). 
(b) LABEL FORMAT.—The Federal Trade Commission shall issue 
regulations requiring the label statement required by subsection (a) 
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 leg-
ible type in contrast with all other printed material on the 
package, and 
(2) in the case of advertising subject to subsection (a)(2)— 
(A) in a conspicuous and prominent location in the 
advertisement and in conspicuous and legible type in con-
trast with all other printed material in the advertisement, 
(B) in the following format: 
Regulations. 
100 STAT. 32 
PUBLIC LAW 99-252—FEB. 27, 1986 
(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. 
Regulations. 
(c) LABEL DISPLAY.—The Federal Trade Commission shall issue 
regulations requiring each label statement required by subsection 
(a) to— 
(1) in the case of a smokeless tobacco product package, be 
randomly displayed by each manufacturer, packager, or im-
porter 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, pack-
ager, or importer will use to rotate, display, and distribute the 
statements required by subsection (a) in accordance with the 
requirements of subsections (b) and (c). 
(z) 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) 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 manufac-
ture, package, or import smokeless tobacco products for sale or 
distribution within the United States. 
Effective date. 
(f) TELEVISION AND RADIO ADVERTISING.—Effective 6 months after 
the date of the enactment of this Act, it shall be unlawful to 
advertise smokeless tobacco on any medium of electronic commu-
nications subject to the jurisdiction of the Federal Communications 
Commission. 
15 use 4403. 
SEC. 4. INGREDIENT REPORTING. 
(a) IN GENERAL.—(1) Each person who manufactures, packages, or 
imports smokeless tobacco products shall annually provide the Sec-
retary with— 
(A) a list of the ingredients added to tobacco in the manufac-
ture 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 appro-
priate, the Secretary shall transmit to the Congress a report, based 
on the information provided under subsection (a), respecting— 
Research and 
(A) a summary of research activities and proposed research 
development. 
activities on the health effects of ingredients added to tobacco in 
the manufacture of smokeless tobacco products and the findings 
of such research; 
PUBLIC LAW 99-252—FEB. 27, 1986 
100 STAT. 33 
(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 Classified 
(a) shall be treated as a trade secret or confidential information 
information, 
subject to section 552(b)(4) of title 5, United States Code, 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 Records, 
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. 
SEC. 5. ENFORCEMENT, REGULATIONS. AND CONSTRUCTION. 
15 USC 4404. 
(a) ENFORCEMENT.—(1) A violation of section 3 or the regulations 
promulgated pursuant to this Act shall be considered a violation of 
section 5 of the Federal Trade Commission Act. 
15 USC 45. 
(2) Any person who is found to violate any provision of section 3 or 
4(a) 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 3.—(1) Regulations issued by the 
Federal Trade Commission under section 3 shall be issued in accord-
ance with section 553 of title 5, United States Code. 
(2) Not later than 180 days after the date of the enactment of this 
Act, the Federal Trade Commission shall promulgate such regula-
tions as it may require to implement section 3. 
(c) CONSTRUCTION.—Nothing in this Act (other than the require-
ments of sections 3 and 4) 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 smoke-
less tobacco products. 
SEC. 6. INJUNCTIONS. 
15 USC 4405. 
The several district courts of the United States are vested with 
jurisdiction, for cause shown, to prevent and restrain violations of 
sections 3 and 4 upon application of the Federal Trade Commission 
71-19A 0 - 89 - 4 : (X 3 Parti 
100 STAT. 34 
PUBLIC LAW 99-252—FEB. 27, 1986 
in the case of a violation of section 3 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 3 or 4. 
15 use 4406. 
SEC. 7. PREEMPTION. 
(a) FEDERAL ACTION.—No statement relating to the use of smoke-
less tobacco products and health, other than the statements required 
by section 3, 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 3, 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 Act shall relieve 
any person from liability at common law or under State statutory 
law to any other person. 
15 use 4407. 
SEC. 8. REPORTS. 
(a) SECRETARY'S REPORT.—The Secretary of Health and Human 
Services shall transmit a report to the Congress not later than 
January 11,1987, and biennially thereafter, containing— 
(1) a description of the effects of health education efforts on 
the use of smokeless tobacco products, 
(2) a description of the use by the public of smokeless tobacco 
products, 
(3) an evaluation of the health effects of smokeless tobacco 
products and the identification of areas appropriate for further 
research, and 
(4) such recommendations for legislation and administrative 
action as the Secretary considers appropriate. 
(b) FTC REPORT.—The Federal Trade Commission shall transmit a 
report to the Congress not later than January 11, 1987, and bienni-
ally thereafter, containing (1) a description of the current sales, 
advertising, and marketing practices associated with smokeless to-
bacco products, and (2) such recommendations for legislation and 
administrative action as it deems appropriate. 
15 use 4408. 
SEC. 9. DEFINITIONS. 
For purposes of this Act: 
(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, 
PUBLIC LAW 99-252—FEB. 27, 1986 
100 STAT. 35 
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. 
SEC. 10. TECHNICAL AMENDMENT. 
Section 402(d)(2) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 342(d)(2)) is amended by inserting before the semicolon a 
comma and the following: "except that this clause shall not apply to 
confectionery which is introduced or delivered for introduction into, 
or received or held for sale in, interstate commerce if the sale of 
such confectionery is permitted under the laws of the State in which 
such confectionery is intended to be offered for sale". 
SEC. 11. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in sections 3(f) and 5(b) and 15 use 4401 
subsection (b), this Act shall take effect one year after the date of "°*®-
enactment of this Act. 
(b) EXCEPTION.—Sections 2, 3(b), 3(c), 3(d), 3(e), 4(b), 7, 8, 9, and 10 
shall take effect on the date of the enactment of this Act. 
Approved February 27, 1986. 
LEGISLATIVE HISTORY—S. 1574: 
SENATE REPORT No. 99-209 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD: 
Vol. 131 (1985): Dec. 16, considered and passed Senate. 
Vol. 132 (1986): Feb. 3, considered and passed House, amended. 
Feb. 6, Senate concurred in House amendments.