21 U.S.C. § 387n — Jurisdiction of and coordination with the Federal Trade Commission
submitted 88 years ago by Pub. L. 111-31 to r/title-21-FOOD-AND-DRUGS · 203 words · no verdicts yet
This law keeps the Federal Trade Commission's power to police unfair or deceptive tobacco ads. Violating this law's ad rules also breaks FTC law. The FTC and the Secretary must work together on cigarette and smokeless tobacco label rules.
(a) Jurisdiction. (1) In general: This subchapter doesn't take away the FTC's power to enforce its own laws about tobacco ads, sales, or distribution — unless this subchapter says otherwise. (2) Enforcement: If an ad breaks this subchapter's rules, or breaks the regulations under section 387a-1, that ad counts as an "unfair or deceptive act or practice" under FTC law (15 U.S.C. 45(a)). It also counts as breaking a rule made under 15 U.S.C. 57a.
(b) Coordination: This applies to two other laws — section 4 of the Federal Cigarette* Labeling* and Advertising Act, and section 3 of the Comprehensive Smokeless Tobacco* Health Education Act of 1986. Under those laws: the FTC Chairman must coordinate with the Secretary* on enforcing unfair or deceptive ad practices for cigarettes and smokeless tobacco. And the Secretary must consult the FTC Chairman before changing label* statements or requirements.
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.
Any advertising that violates this subchapter or a provision of the regulations referred to in section 387a–1 of this title, is an unfair or deceptive act or practice under section 45(a) of title 15 and shall be considered a violation of a rule promulgated under section 57a of title 15.
With respect to the requirements of section 4 of the Federal Cigarette* Labeling* and Advertising Act [15 U.S.C. 1333] and section 3 of the Comprehensive Smokeless Tobacco* Health Education Act of 1986 [15 U.S.C. 4402]—
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
the Secretary shall consult with the Chairman of such Commission in revising the label* statements and requirements under such sections.
Source credit: (June 25, 1938, ch. 675, § 914, as added Pub. L. 111–31, div. A, title I, § 101(b)(3), June 22, 2009, 123 Stat. 1820.)
- 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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