FEDERAL · 15 U.S.C. · Chapter 70
Preemption
15 U.S.C. § 4406
Title15 — Commerce and Trade
Chapter70 — COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION
This text of 15 U.S.C. § 4406 (Preemption) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
15 U.S.C. § 4406.
Text
(a)Federal action
Except as provided in the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), 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 adver
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Related
Cipollone v. Liggett Group, Inc.
505 U.S. 504 (Supreme Court, 1992)
Food & Drug Administration v. Brown & Williamson Tobacco Corp.
529 U.S. 120 (Supreme Court, 2000)
Philip Morris Inc. v. Harshbarger
122 F.3d 58 (First Circuit, 1997)
Carlisle v. Philip Morris, Inc.
805 S.W.2d 498 (Court of Appeals of Texas, 1991)
Etcheverry v. Tri-Ag Serv., Inc.
993 P.2d 366 (California Supreme Court, 2000)
Hyundai Motor Co. v. Alvarado
974 S.W.2d 1 (Texas Supreme Court, 1998)
Wilson v. Pleasant
660 N.E.2d 327 (Indiana Supreme Court, 1996)
Hite v. R.J. Reynolds Tobacco Co.
578 A.2d 417 (Supreme Court of Pennsylvania, 1990)
R.J. Reynolds Tobacco Company v. Phil J. Marotta, etc.
214 So. 3d 590 (Supreme Court of Florida, 2017)
Earl E. Graham v. R.J. Reynolds Tobacco Company
782 F.3d 1261 (Eleventh Circuit, 2015)
Stoorman v. Greenwood Trust Co.
888 P.2d 289 (Colorado Court of Appeals, 1995)
Berger v. Philip Morris USA, Inc.
185 F. Supp. 3d 1324 (M.D. Florida, 2016)
Coyne Beahm, Inc. v. United States Food & Drug Administration
958 F. Supp. 1060 (M.D. North Carolina, 1997)
Brown & Williamson v. FDA
(Fourth Circuit, 2000)
Weldon J. Carlisle v. Philip Morris, Incorporated
(Court of Appeals of Texas, 1991)
Gilbert v. Greenwood Trust Co.
19 Pa. D. & C.4th 109 (Philadelphia County Court of Common Pleas, 1993)
Source Credit
History
(Pub. L. 99–252, §7, Feb. 27, 1986, 100 Stat. 34; Pub. L. 111–31, div. A, title II, §205(b), June 22, 2009, 123 Stat. 1849.)
Editorial Notes
Editorial Notes
References in Text
The Family Smoking Prevention and Tobacco Control Act, referred to in subsec. (a), is div. A of Pub. L. 111–31, June 22, 2009, 123 Stat. 1776. For complete classification of this Act to the Code, see Short Title of 2009 Amendment note set out under section 301 of Title 21, Food and Drugs, and Tables.
Amendments
2009—Subsec. (a). Pub. L. 111–31 substituted "Except as provided in the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), no" for "No".
References in Text
The Family Smoking Prevention and Tobacco Control Act, referred to in subsec. (a), is div. A of Pub. L. 111–31, June 22, 2009, 123 Stat. 1776. For complete classification of this Act to the Code, see Short Title of 2009 Amendment note set out under section 301 of Title 21, Food and Drugs, and Tables.
Amendments
2009—Subsec. (a). Pub. L. 111–31 substituted "Except as provided in the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), no" for "No".
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Bluebook (online)
15 U.S.C. § 4406, Counsel Stack Legal Research, https://law.counselstack.com/usc/15/4406.