-CITE-

15 USC CHAPTER 36 - CIGARETTE LABELING AND ADVERTISING 01/06/03

-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.

(a) Required warnings; packages; advertisements;

billboards.

(b) Conspicuous statement; label statement format;

outdoor billboard statement format.

(c) Rotation of label statement; plan; submission to

Federal Trade Commission.

(d) Application; distributors; retailers.

1334. Preemption.

(a) Additional statements.

(b) State regulations.

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.

(a) Establishment of program; Secretary; functions.

(b) Interagency Committee on Smoking and Health;

composition; chairman; compensation; staffing

and other assistance.

(c) Report to Congress; contents.

-CITE-

15 USC Sec. 1331 01/06/03

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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.''

-CITE-

15 USC Sec. 1332 01/06/03

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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.

-CITE-

15 USC Sec. 1333 01/06/03

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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).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1334, 1336 of this title;

title 19 section 1681a.

-CITE-

15 USC Sec. 1334 01/06/03

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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.''

-CITE-

15 USC Sec. 1335 01/06/03

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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.

-CITE-

15 USC Sec. 1335a 01/06/03

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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 (FOOTNOTE 1) of the Secretary poses a health risk to

cigarette smokers; and

(FOOTNOTE 1) So in original. Probably should be ''judgment''.

(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).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 19 section 1681a.

-CITE-

15 USC Sec. 1336 01/06/03

-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, Sec. 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.

-CITE-

15 USC Sec. 1337 01/06/03

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TITLE 15 - COMMERCE AND TRADE

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, Sec. 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.

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15 USC Sec. 1338 01/06/03

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TITLE 15 - COMMERCE AND TRADE

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.)

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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.

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15 USC Sec. 1339 01/06/03

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TITLE 15 - COMMERCE AND TRADE

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.)

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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.

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15 USC Sec. 1340 01/06/03

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TITLE 15 - COMMERCE AND TRADE

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.)

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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.

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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.

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15 USC Sec. 1341 01/06/03

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TITLE 15 - COMMERCE AND TRADE

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, (FOOTNOTE 1) in the manner provided by

sections 5702 and 5703 of title 5.

(FOOTNOTE 1) So in original. Probably should be

''subsistence,''.

(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.)

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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.

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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''.

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