§387p Preservation of State and local authority

Summary

Federal, state, local, and tribal governments can make and enforce tobacco rules that are stricter or add to the federal rules. But states and their local governments cannot make rules that differ from or add to federal requirements about the product itself — things like product standards, premarket review, adulteration, misbranding, labeling, registration, manufacturing practices, or claims that a product is lower risk. Rules about sale, distribution, possession, reporting to the State, exposure, access, advertising and promotion, use by people of any age, or fire safety are still allowed. Information a company gives to a State that is legally exempt from public release must be treated as a trade secret and kept confidential by the State. Also, nothing here changes who can be sued under state product liability laws.