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 Ill STAT. 2380 PUBLIC LAW 105-115—NOV. 21, 1997 device, dietary supplement, or cosmetic) under this Act (and any release by the Secretary of that report or information), such report or information shall not be construed to reflect necessarily a conclusion by the entity or the Secretary that the report or information constitutes an admission that the product involved malfunctioned, caused or contributed to an adverse experience, or otherwise caused or contributed to a death, serious injury, or serious illness. Such an entity need not admit, and may deny, that the report or information submitted by the entity constitutes an admission that the product involved malfunctioned, caused or contributed to an adverse experience, or caused or contributed to a death, serious injury, or serious illness.". SEC. 421. LABELING AND ADVERTISING REGARDING COMPLIANCE WITH STATUTORY REQUIREMENTS. Section 301 (21 U.S.C. 331) is amended by striking paragraph (1). 21 USC 321 note. SEC. 422. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act shall be construed to affect the question of whether the Secretary of Health and Human Services has any authority to regulate any tobacco product, tobacco ingredient, or tobacco additive. Such authority, if any, shall be exercised under the Federal Food, Drug, and Cosmetic Act as in effect on the day before the date of the enactment of this Act. TITLE V—EFFECTIVE DATE 21 USC 321 note. SEC. 501. EFFECTIVE DATE. Except as otherwise provided in this Act, this Act and the amendments made by this Act, other than the provisions of and the amendments made by sections 111, 121, 125, and 307, shall take effect 90 days after the date of enactment of this Act. Approved November 21, 1997. LEGISLATIVE HISTORY—S. 830 (H.R. 1411): HOUSE REPORTS: Nos. 105-310, accompanying H.R. 1411 (Comm. on Commerce) and 105-399 (Comm. of Conference). SENATE REPORTS: No. 105-43 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 143 (1997): Sept. 11, 16, 18, 19, 23, 24, considered and passed Senate. Oct. 7, considered and passed House, amended, in lieu of H.R. 1411. Nov. 9, Senate and House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997): Nov. 21, Presidential remarks and statement.

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