§387p Preservation of State and Local Authority

Summary

Federal, state, tribal, and local governments keep the power to make their own tobacco rules. They can make rules that are stronger than the federal ones. That includes rules about sale, distribution, possession, who can use tobacco, advertising, reporting information to the State, fire safety, and taxes. States and local governments cannot make rules that are different from or add to federal rules in certain technical areas, like product standards, premarket review, contamination or mislabeling, labeling and registration, manufacturing practices, or claims that a product is lower risk. Information given to a State that is exempt from federal disclosure must be kept confidential as a trade secret. Nothing here changes state product‑liability laws.