Title 15, Commerce and TradeRelease 119-110
§4406 Preemption
Title 15 › CHAPTER 70 — COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION › § 4406
Summary
Federal, state, and local governments cannot force extra health statements on smokeless tobacco packages or in ads, except for the specific warnings required by section 4402 and as allowed under the Family Smoking Prevention and Tobacco Control Act. This rule does not apply to outdoor billboard ads. The law does not remove anyone’s responsibility for harm under common law or state laws.
Full Legal Text
Title 15, §4406
Commerce and Trade, Source: USLM XML via OLRC
(a)Federal action
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)State and local action
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)Effect on liability law
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
Sep 22, 2026
Release point: 119-110