§387n — Title 21 Food and Drugs | U.S. Code

Summary

The Federal Trade Commission (FTC) keeps its power to enforce its laws about the advertising, sale, or distribution of tobacco products. If an ad breaks the rules in this part or the related regulations, it counts as an unfair or deceptive practice under federal consumer‑protection law and is treated as a violation of FTC rules. The FTC Chair must work with the Secretary on enforcing the cigarette and smokeless tobacco advertising rules in section 4 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333) and section 3 of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4402). The Secretary must consult the FTC Chair when changing the label statements or requirements under those same sections.

Title 21, §387n

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(a)(1)Except where expressly provided in this subchapter, nothing in this subchapter shall be construed as limiting or diminishing the authority of the Federal Trade Commission to enforce the laws under its jurisdiction with respect to the advertising, sale, or distribution of tobacco products.

(2)Any advertising that violates this subchapter or a provision of the regulations referred to in section 387a–1 of this title, is an unfair or deceptive act or practice under section 45(a) of title 15 and shall be considered a violation of a rule promulgated under section 57a of title 15.

(b)With respect to the requirements of section 4 of the Federal Cigarette Labeling and Advertising Act [15 U.S.C. 1333] and section 3 of the Comprehensive Smokeless Tobacco Health Education Act of 1986 [15 U.S.C. 4402]—

(1)the Chairman of the Federal Trade Commission shall coordinate with the Secretary concerning the enforcement of such Act as such enforcement relates to unfair or deceptive acts or practices in the advertising of cigarettes or smokeless tobacco; and

(2)the Secretary shall consult with the Chairman of such Commission in revising the label statements and requirements under such sections.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Cigarette Labeling and Advertising Act, referred to in subsec. (b), is Pub. L. 89–92, July 27, 1965, 79 Stat. 282, which is classified generally to chapter 36 (§ 1331 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see

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note set out under section 1331 of Title 15 and Tables. The Comprehensive Smokeless Tobacco Health Education Act of 1986, referred to in subsec. (b), is Pub. L. 99–252, Feb. 27, 1986, 100 Stat. 30, which is classified principally to chapter 70 (§ 4401 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see

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note set out under section 4401 of Title 15 and Tables.

§387n Jurisdiction of and coordination with the Federal Trade Commission

Summary

Title 21, §387n

Notes & Related Subsidiaries

Editorial Notes

References in Text

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