15 U.S.C. § 4401
Section 4401 · Public education
This is the Federal Trade Commission Act of 1914
Amended 1 time on record
Applied in 6 court decisions — leading case Cipollone v. Liggett Group, Inc. (1992)
Most recently applied in Smoking Everywhere, Inc. v. U.S. Food & Drug Administration (January 2010)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(1) The Secretary of Health and Human Services shall establish and carry out a program to inform the public of any dangers to human health resulting from the use of smokeless tobacco products. In carrying out such program the Secretary shall—
(A) develop educational programs and materials and public service announcements respecting the dangers to human health from the use of smokeless tobacco;
(B) make such programs, materials, and announcements available to States, local governments, school systems, the media, and such other entities as the Secretary determines appropriate to further the purposes of this chapter;
(C) conduct and support research on the effect of smokeless tobacco on human health; and
(D) collect, analyze, and disseminate information and studies on smokeless tobacco and health.
(2) In developing programs, materials, and announcements under paragraph (1) the Secretary shall consult with the Secretary of Education, medical and public health entities, consumer groups, representatives of manufacturers of smokeless tobacco products, and other appropriate entities.
The Secretary of Health and Human Services may provide technical assistance and may make grants to States—
(1) to assist in the development of educational programs and materials and public service announcements respecting the dangers to human health from the use of smokeless tobacco,
(2) to assist in the distribution of such programs, materials, and announcements throughout the States, and
(3) to establish 18 as the minimum age for the purchase of smokeless tobacco.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Effective Date
Section 11 of Pub. L. 99 252 provided that:
“(a) In General.—Except as provided in sections 3(f) and 5(b) [sections 4402(f) and 4404(b) of this title] and subsection (b), this Act [enacting this chapter and amending section 342 of Title 21, Food and Drugs] shall take effect one year after the date of enactment of this Act [Feb. 27, 1986].
“(b) Exception.—Sections 2, 3(b), 3(c), 3(d), 3(e), 4(b), 7, 8, 9 [sections 4401, 4402(b) to (e), 4403(b), and 4406 to 4408 of this title], and 10 [amending section 342 of Title 21] shall take effect on the date of the enactment of this Act [Feb. 27, 1986].”
Short Title
Section 1 of Pub. L. 99 252 provided that: “This Act [enacting this chapter and amending section 342 of Title 21, Food and Drugs] may be cited as the ‘Comprehensive Smokeless Tobacco Health Education Act of 1986’.”