Title 15Commerce and TradeRelease 119-73not60

§1335a List of Cigarette Ingredients; Annual Submission to Secretary; Transmittal to Congress; Confidentiality

Title 15 › Chapter 36— CIGARETTE LABELING AND ADVERTISING › § 1335a

Last updated Apr 3, 2026|Official source

Summary

Cigarette makers, packagers, and importers must each year give the Secretary a list of ingredients they add to tobacco for making cigarettes. The list cannot name the company or the cigarette brand. A company can pick someone else to send the list for them. The Secretary will sometimes send Congress reports using that information. The reports will summarize research and findings about health effects, call out any ingredient the Secretary thinks is a health risk, and include other items the Secretary finds important. The ingredient lists are treated as confidential trade secrets and kept secret except for people who need them for official work. The Secretary must write rules to protect the information, pick a custodian to keep it locked when not in use, and keep a record of who looks at it. If a congressional committee asks for a list, the Secretary must give it and tell the provider in writing.

Full Legal Text

Title 15, §1335a

Commerce and Trade — Source: USLM XML via OLRC

(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), 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 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) 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) 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). 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 7 of Pub. L. 89–92 was renumbered section 8 and is classified to section 1336 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 Amendment Pub. L. 98–474, § 5(b), Oct. 12, 1984, 98 Stat. 2204, 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].”

Reference

Citations & Metadata

Citation

15 U.S.C. § 1335a

Title 15Commerce and Trade

Last Updated

Apr 3, 2026

Release point: 119-73not60