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Title 15 — Commerce and TradeRelease 119-73

§4406 Preemption

Title 15 › Chapter CHAPTER 70— - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION › § 4406

Last updated Apr 6, 2026|Official source

Summary

Federal agencies may not require any health statements about smokeless tobacco to appear on packages or in ads (except outdoor billboards), other than the warnings that section 4402 requires, unless the Family Smoking Prevention and Tobacco Control Act (and its amendments) says otherwise. States and local governments also may not require such statements on packages or non‑billboard ads. This does not stop anyone from being held legally responsible under common law or state statutes to another person.

Full Legal Text

Title 15, §4406

Commerce and Trade — Source: USLM XML via OLRC

(a)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)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 advertisement) of a smokeless tobacco product.
(c)Nothing in this chapter shall relieve any person from liability at common law or under State statutory law to any other person.

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.

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”.

Reference

Citations & Metadata

Citation

15 U.S.C. § 4406

Title 15 — Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73