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21 U.S.C. § 387mEqual treatment of retail outlets

submitted 88 years ago by Pub. L. 111-31 to r/title-21-FOOD-AND-DRUGS · 38 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must make tobacco shops follow the same ad rules as stores open to minors. This applies even if a shop's main business is selling tobacco products.

This section requires the Secretary of Health and Human Services to write regulations covering a specific kind of retailer: any retail establishment where selling tobacco products is the predominant, or main, part of the business — sometimes called a tobacco shop or smoke shop. The regulations must require these establishments to comply with the same advertising restrictions that already apply to ordinary retail establishments that people under the age of 18 are allowed to enter. In other words, a store cannot escape the usual limits on tobacco advertising just because tobacco sales make up most of what it sells. The section does not itself spell out what those advertising restrictions are; it only requires that tobacco-focused retail outlets be held to the same advertising standard as any other retail outlet accessible to minors.
the actual law source: uscode.house.gov ↗public domain

The Secretary shall issue regulations to require that retail establishments for which the predominant business is the sale of tobacco products comply with any advertising restrictions applicable to retail establishments accessible to individuals under the age of 18.

Source credit: (June 25, 1938, ch. 675, § 913, as added Pub. L. 111–31, div. A, title I, § 101(b)(3), June 22, 2009, 123 Stat. 1820.)

history & why it existsrecord from the source credit
  • 1938Enacted · Pub. L. 111-31 · 123 Stat. 1820

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-31 on 1938-06-25.

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