Page:United States Statutes at Large Volume 100 Part 1.djvu/70

 100 STAT. 34

PUBLIC LAW 99-252—FEB. 27, 1986 in the case of a violation of section 3 or upon application of the Attorney General of the United States acting through the several United States attorneys in their several districts in the case of a violation of section 3 or 4.

15 USC 4406.

SEC. 7. PREEMPTION.

(a) FEDERAL ACTION.—No statement relating to the use of smokeless tobacco products and health, other than the statements required by section 3, 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.—No statement relating to the use of

smokeless tobacco products and health, other than the statements required by section 3, 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 Act shall relieve any person from liability at common law or under State statutory law to any other person. 15 USC 4407.

SEC. 8. REPORTS.

(a) SECRETARY'S REPORT.—The Secretary of Health and Human Services shall transmit a report to the Congress not later than January 11, 1987, and biennially thereafter, containing— (1) a description of the effects of health education efforts on the use of smokeless tobacco products, (2) a description of the use by the public of smokeless tobacco products, (3) an evaluation of the health effects of smokeless tobacco products and the identification of areas appropriate for further research, and (4) such recommendations for legislation and administrative action as the Secretary considers appropriate. (b) FTC REPORT.—The Federal Trade Commission shall transmit a report to the Congress not later than January 11, 1987, and biennially thereafter, containing (1) a description of the current sales, advertising, and marketing practices associated with smokeless tobacco products, and (2) such recommendations for legislation and administrative action as it deems appropriate. 15 USC 4408.

SEC. 9. DEFINITIONS.

For purposes of this Act: (1) The term "smokeless tobacco" means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity. (2) The term "commerce" means (A) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island and any place outside thereof; (B) commerce between points in any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island, but through any place outside thereof; or (C) commerce wholly within the District of Columbia, Guam, the Virgin Islands,

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