21 U.S.C. § 387p — Preservation of State and local authority

(a) In general. (1) Preservation: Except for the preemption rule in (2)(A), nothing in this subchapter stops a federal agency (including the Armed Forces), a state, a local government, or a tribal government from making its own tobacco rules — as long as those rules are equal to or stricter than the rules here. That includes rules about selling, distributing, possessing, exposing people to, giving access to, advertising, or using tobacco products at any age; requiring information reports to the state; or fire-safety standards. This subchapter also doesn't limit any state, tribal, or local tobacco tax. (2) Preemption of certain State and local requirements. (A) In general: States and their political subdivisions cannot set requirements that are different from, or add to, this subchapter's rules on tobacco product standards, premarket review, adulteration, misbranding, labeling, registration, manufacturing standards, or modified risk tobacco products. (B) Exception: That preemption does not apply to rules about selling, distributing, possessing, reporting information to the state, exposure, access, advertising, or use of tobacco by people of any age, or to fire-safety standards. If a company discloses trade-secret information to a state under (A), and that information is exempt from disclosure under 5 U.S.C. 552(b)(4), the state must treat it as confidential. (b) Rule of construction regarding product liability: Nothing in this subchapter changes or affects a person's liability, or any lawsuit, under a state's product liability law.