Public Law 119-73 (01/23/2026)

15 U.S.C. § 4406

Preemption

(a)

Federal action

section 4402 of this titleExcept 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 , 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

section 4402 of this titleNo statement relating to the use of smokeless tobacco products and health, other than the statements required by , 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.

Pub. L. 99–252, § 7100 Stat. 34Pub. L. 111–31, div. A, title II, § 205(b)123 Stat. 1849(, , ; , , .)

Editorial Notes

References in Text

Pub. L. 111–31123 Stat. 1776section 301 of Title 21The Family Smoking Prevention and Tobacco Control Act, referred to in subsec. (a), is div. A of , , . For complete classification of this Act to the Code, see Short Title of 2009 Amendment note set out under , Food and Drugs, and Tables.

Amendments

Pub. L. 111–312009—Subsec. (a). substituted “Except as provided in the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), no” for “No”.