21 U.S.C. § 387n | Jurisdiction of and coordination with the Federal Trade Commission

(a)

Jurisdiction

(1)

In general

Except where expressly provided in this subchapter, nothing in this subchapter shall be construed as limiting or diminishing the authority of the Federal Trade Commission to enforce the laws under its jurisdiction with respect to the advertising, sale, or distribution of tobacco products.

(2)

Enforcement

section 387a–1 of this title section 45(a) of title 15 section 57a of title 15Any advertising that violates this subchapter or a provision of the regulations referred to in , is an unfair or deceptive act or practice under and shall be considered a violation of a rule promulgated under .

(b)

Coordination

15 U.S.C. 1333 15 U.S.C. 4402With respect to the requirements of section 4 of the Federal Cigarette Labeling and Advertising Act [] and section 3 of the Comprehensive Smokeless Tobacco Health Education Act of 1986 []—

(1)

the Chairman of the Federal Trade Commission shall coordinate with the Secretary concerning the enforcement of such Act as such enforcement relates to unfair or deceptive acts or practices in the advertising of cigarettes or smokeless tobacco; and

(2)

the Secretary shall consult with the Chairman of such Commission in revising the label statements and requirements under such sections.

June 25, 1938, ch. 675, § 914 Pub. L. 111–31, div. A, title I, § 101(b)(3)June 22, 2009123 Stat. 1820(, as added , , .)

Editorial Notes

References in Text

Pub. L. 89–92July 27, 196579 Stat. 282 section 1331 of Title 15The Federal Cigarette Labeling and Advertising Act, referred to in subsec. (b), is , , , which is classified generally to chapter 36 (§ 1331 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 99–252Feb. 27, 1986100 Stat. 30 section 4401 of Title 15The Comprehensive Smokeless Tobacco Health Education Act of 1986, referred to in subsec. (b), is , , , which is classified principally to chapter 70 (§ 4401 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under and Tables.