Burden for Importers and Manufacturers of Cigarettes

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15 USC Ch. 36: CIGARETTE LABELING AND ADVERTISING
From Title 15—COMMERCE AND TRADE

CHAPTER 36—CIGARETTE LABELING AND ADVERTISING
Sec.

1331.
1332.
1333.
1334.
1335.
1335a.
1336.
1337.
1338.
1339.
1340.
1341.

Congressional declaration of policy and purpose.
Definitions.
Labeling; requirements; conspicuous statement.
Preemption.
Unlawful advertisements on medium of electronic communication.
List of cigarette ingredients; annual submission to Secretary; transmittal to Congress;
confidentiality.
Authority of Federal Trade Commission; unfair or deceptive acts or practices.
Omitted.
Criminal penalty.
Injunction proceedings.
Cigarettes for export.
Smoking, research, education and information.

§1331. Congressional declaration of policy and purpose
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.
(Pub. L. 89–92, §2, July 27, 1965, 79 Stat. 282; Pub. L. 91–222, §2, Apr. 1, 1970, 84 Stat. 87; Pub. L. 98–474, §6(a),
Oct. 12, 1984, 98 Stat. 2204.)

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 §11, of Pub. L. 89–92 as renumbered by Pub. L. 98–474, §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
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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 §12, of Pub. L. 89–92 as added by section 2 of Pub. L. 91–222, and renumbered Pub.
L. 98–474, §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."

§1332. Definitions
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.
(Pub. L. 89–92, §3, July 27, 1965, 79 Stat. 282; Pub. L. 91–222, §2, Apr. 1, 1970, 84 Stat. 88; Pub. L. 93–109, §2,
Sept. 21, 1973, 87 Stat. 352; Pub. L. 98–474, §6(b), Oct. 12, 1984, 98 Stat. 2204; Pub. L. 99–92, §11(b), Aug. 16,
1985, 99 Stat. 403.)

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).
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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.

§1333. Labeling; requirements; conspicuous statement
(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

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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 twelvemonth 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.
(Pub. L. 89–92, §4, July 27, 1965, 79 Stat. 283; Pub. L. 91–222, §2, Apr. 1, 1970, 84 Stat. 88; Pub. L. 98–474, §4(a),
Oct. 12, 1984, 98 Stat. 2201; Pub. L. 99–92, §11[(a)], Aug. 16, 1985, 99 Stat. 402; Pub. L. 99–117, §11(d), Oct. 7,
1985, 99 Stat. 495.)

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
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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]."

§1334. Preemption
(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.
(Pub. L. 89–92, §5, July 27, 1965, 79 Stat. 283; Pub. L. 91–222, §2, Apr. 1, 1970, 84 Stat. 88.)

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."

§1335. Unlawful advertisements on medium of electronic communication
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.
(Pub. L. 89–92, §6, July 27, 1965, 79 Stat. 283; Pub. L. 91–222, §2, Apr. 1, 1970, 84 Stat. 89; Pub. L. 93–109, §3,
Sept. 21, 1973, 87 Stat. 352.)

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
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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.

§1335a. List of cigarette ingredients; annual submission to Secretary; transmittal
to Congress; confidentiality
(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 1 of the Secretary poses a health risk to
cigarette smokers; 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 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.
(Pub. L. 89–92, §7, as added Pub. L. 98–474, §5(a), Oct. 12, 1984, 98 Stat. 2203.)

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]."
1 So in original. Probably should be "judgment".

§1336. Authority of Federal Trade Commission; unfair or deceptive acts or
practices
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.
(Pub. L. 89–92, §8, formerly §7, July 27, 1965, 79 Stat. 283; Pub. L. 91–222, §2, Apr. 1, 1970, 84 Stat. 89; renumbered
§8 and amended Pub. L. 98–474, §§5(a), 6(c), Oct. 12, 1984, 98 Stat. 2203, 2204; Pub. L. 99–92, §12, Aug. 16, 1985,
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99 Stat. 404.)

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.

§1337. Omitted
Codification
Section, Pub. L. 89–92, §9, formerly §8, July 27, 1965, 79 Stat. 283; Pub. L. 91–222, §2, Apr. 1, 1970, 84
Stat. 89; renumbered §9 and amended Pub. L. 98–474, §§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.

§1338. Criminal penalty
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.
(Pub. L. 89–92, §10, formerly §9, July 27, 1965, 79 Stat. 284; Pub. L. 91–222, §2, Apr. 1, 1970, 84 Stat. 89;
renumbered §10, Pub. L. 98–474, §5(a), Oct. 12, 1984, 98 Stat. 2203.)

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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§1339. Injunction proceedings
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.
(Pub. L. 89–92, §11, formerly §10, July 27, 1965, 79 Stat. 284; Pub. L. 91–222, §2, Apr. 1, 1970, 84 Stat. 89;
renumbered §11, Pub. L. 98–474, §5(a), Oct. 12, 1984, 98 Stat. 2203.)

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.

§1340. Cigarettes for export
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.
(Pub. L. 89–92, §12, formerly §11, as added Pub. L. 91–222, §2, Apr. 1, 1970, 84 Stat. 89; renumbered §12, Pub. L.
98–474, §5(a), Oct. 12, 1984, 98 Stat. 2203.)

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.

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.

§1341. Smoking, research, education and information
(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;
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(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,1 in the manner
provided by sections 5702 and 5703 of title 5.
(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.
(Pub. L. 98–474, §3, Oct. 12, 1984, 98 Stat. 2200; Pub. L. 99–92, §13, Aug. 16, 1985, 99 Stat. 404; Pub. L. 102–531,
title III, §312(a), Oct. 27, 1992, 106 Stat. 3504.)

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.

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".
1 So in original. Probably should be "subsistence,".

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