§ 1334. — Preemption.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1334]
TITLE 15--COMMERCE AND TRADE
CHAPTER 36--CIGARETTE LABELING AND ADVERTISING
Sec. 1334. Preemption
(a) Additional statements
No statement relating to smoking and health, other than the
statement required by section 1333 of this title, shall be required on
any cigarette package.
(b) State regulations
No requirement or prohibition based on smoking and health shall be
imposed under State law with respect to the advertising or promotion of
any cigarettes the packages of which are labeled in conformity with the
provisions of this chapter.
(Pub. L. 89-92, Sec. 5, July 27, 1965, 79 Stat. 283; Pub. L. 91-222,
Sec. 2, Apr. 1, 1970, 84 Stat. 88.)
Amendments
1970--Subsec. (b). Pub. L. 91-222 substituted provision that no
requirement or prohibition based on smoking and health should be imposed
under State law with respect to the advertising or promotion of any
cigarettes which packages are labeled in conformity with the provisions
of this chapter for provision that no statement relating to smoking and
health should be required in the advertising of any cigarettes which
packages are labeled in conformity with the provisions of this chapter.
Subsecs. (c), (d). Pub. L. 91-222 struck out subsecs. (c) and (d)
relating to the authority of the Federal Trade Commission with respect
to unfair or deceptive advertising acts or practices, and reports to
Congress by the Secretary of Health, Education, and Welfare and the
Federal Trade Commission. See sections 1336 and 1337 of this title.
Effective Date of 1970 Amendment
Section 3 of Pub. L. 91-222 provided in part that: ``Section 5 of
the amendment made by this Act [amending this section] shall take effect
as of July 1, 1969.''