§387p Preservation of State and Local Authority

Summary

Federal, state, local, and tribal governments — and federal agencies, including the military — can make extra or tougher rules about tobacco products. They can limit sales, distribution, possession, who uses them, advertising and promotion, access, exposure, require reporting, and set fire-safety rules. States and localities also keep the power to tax tobacco products. States and local governments cannot make rules that differ from or add to federal rules about product standards, premarket review, adulteration, misbranding, labeling, registration, good manufacturing practices, or modified-risk tobacco products. Information given to a State that is exempt under section 552(b)(4) of title 5 must be treated as a trade secret and kept confidential. The federal law does not change any state product liability rules or who can be held responsible under them.