Title 15 — Commerce and TradeRelease 119-73
§1334 Preemption
Title 15 › Chapter CHAPTER 36— - CIGARETTE LABELING AND ADVERTISING › § 1334
Summary
Cigarette packs must only carry the single health warning already required by federal law, unless the Secretary orders extra or different warnings under the Family Smoking Prevention and Tobacco Control Act or other federal tobacco rules. No other health statements can be forced onto packs. States may not make health-based rules about cigarette ads or promotions for products that meet the federal labeling. But after the Tobacco Control Act takes effect, states and cities may limit when, where, and how ads appear, as long as they do not control what the ads say.
Full Legal Text
Title 15, §1334
Commerce and Trade — Source: USLM XML via OLRC
(a)Except to the extent the Secretary requires additional or different statements on any cigarette package by a regulation, by an order, by a standard, by an authorization to market a product, or by a condition of marketing a product, pursuant to the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), or as required under section 387c(a)(2) of title 21 or section 387t(a) of title 21, 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)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.
(c)Notwithstanding subsection (b), a State or locality may enact statutes and promulgate regulations, based on smoking and health, that take effect after the effective date of the Family Smoking Prevention and Tobacco Control Act, imposing specific bans or restrictions on the time, place, and manner, but not content, of the advertising or promotion of any cigarettes.
Legislative History
Notes & Related Subsidiaries
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. The
Effective Date
of the Family Smoking Prevention and Tobacco Control Act, referred to in subsec. (c), probably means the date of enactment of Pub. L. 111–31, which was approved June 22, 2009.
Amendments
2009—Subsec. (a). Pub. L. 111–31, § 202(a), substituted “Except to the extent the Secretary requires additional or different statements on any cigarette package by a regulation, by an order, by a standard, by an authorization to market a product, or by a condition of marketing a product, pursuant to the Family Smoking Prevention and Tobacco Control Act (and the
Amendments
made by that Act), or as required under section 387c(a)(2) of title 21 or section 387t(a) of title 21, no” for “No”. Subsec. (c). Pub. L. 111–31, § 203, added subsec. (c). 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 section 1336 and 1337 of this title.
Statutory Notes and Related Subsidiaries
Effective Date
of 1970 Amendment Pub. L. 91–222, § 3, Apr. 1, 1970, 84 Stat. 90, provided in part that: “section 5 of the amendment made by this Act [amending this section] shall take effect as of July 1, 1969.”
Reference
Citations & Metadata
Citation
15 U.S.C. § 1334
Title 15 — Commerce and Trade
Last Updated
Apr 6, 2026
Release point: 119-73