15 U.S.C. § 1331

Congressional declaration of policy and purpose

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It is the policy of the Congress, and the purpose of this chapter, to establish a comprehensive Federal Program to deal with cigarette labeling and advertising with respect to any relationship between smoking and health, whereby—(1) the public may be adequately informed about any adverse health effects of cigarette smoking by inclusion of warning notices on each package of cigarettes and in each advertisement of cigarettes; and(2) commerce and the national economy may be (A) protected to the maximum extent consistent with this declared policy and (B) not impeded by diverse, nonuniform, and confusing cigarette labeling and advertising regulations with respect to any relationship between smoking and health.(Pub. L. 89–92, § 2, July 27, 1965, 79 Stat. 282; Pub. L. 91–222, § 2, Apr. 1, 1970, 84 Stat. 87; Pub. L. 98–474, § 6(a), Oct. 12, 1984, 98 Stat. 2204.)Editorial NotesAmendments

1984—Par. (1). Pub. L. 98–474 substituted “about any adverse health effects of cigarette smoking by inclusion of warning notices on each package of cigarettes and in each advertisement;” for “that cigarette smoking may be hazardous to health by inclusion of a warning to that effect on each package of cigarettes;”.

1970—Pub. L. 91–222 reenacted section without change.

Statutory Notes and Related SubsidiariesEffective Date of 1970 Amendment

Pub. L. 91–222, § 3, Apr. 1, 1970, 84 Stat. 90, provided in part that: “All other provisions of the amendment made by this Act [enacting section 1340 of this title, amending this section and sections 1332 and 1335 to 1339 of this title, and enacting provisions set out as notes under this section] except where otherwise specified shall take effect on January 1, 1970.”

Effective Date

Pub. L. 89–92, § 12, formerly § 11, July 27, 1965, 79 Stat. 284, as renumbered by Pub. L. 98–474, § 5(a), Oct. 12, 1984, 98 Stat. 2203, provided that: “This Act [this chapter] shall take effect on January 1, 1966.”

Short Title of 1984 Amendment

Pub. L. 98–474, § 1, Oct. 12, 1984, 98 Stat. 2200, provided that: “This Act [enacting sections 1335a and 1341 of this title, amending this section and sections 1332, 1333, 1336, and 1337 of this title, and enacting provisions set out as notes under this section and sections 1333 and 1335a of this title] may be cited as the ‘Comprehensive Smoking Education Act’.”

Short Title of 1973 Amendment

Pub. L. 93–109, § 1, Sept. 21, 1973, 87 Stat. 352, provided: “That this Act [amending sections 1332 and 1335 of this title] may be cited as the ‘Little Cigar Act of 1973’.”

Short Title of 1970 Amendment

Pub. L. 91–222, § 1, Apr. 1, 1970, 84 Stat. 87, provided: “That this Act [enacting section 1340 of this title, amending this section and sections 1332 to 1339 of this title, and enacting provisions set out as notes under this section and sections 1333 and 1334 of this title] may be cited as the ‘Public Health Cigarette Smoking Act of 1969’.”

Short Title

Pub. L. 89–92, § 1, July 27, 1965, 79 Stat. 282, provided: “This Act [enacting this chapter] may be cited as the ‘Federal Cigarette Labeling and Advertising Act’.”

Separability

Pub. L. 89–92, § 13, formerly § 12, as added by Pub. L. 91–222, § 2, Apr. 1, 1970, 84 Stat. 90, and renumbered Pub. L. 98–474, § 5(a), Oct. 12, 1984, 98 Stat. 2203, provided that: “If any provision of this Act [this chapter] or the application thereof to any person or circumstances is held invalid, the other provisions of this Act [this chapter] and the application of such provisions to other persons or circumstances shall not be affected thereby.”

Congressional Statement of Purpose

Pub. L. 98–474, § 2, Oct. 12, 1984, 98 Stat. 2200, provided that: “It is the purpose of this Act [see Short Title of 1984 Amendment note above] to provide a new strategy for making Americans more aware of any adverse health effects of smoking, to assure the timely and widespread dissemination of research findings and to enable individuals to make informed decisions about smoking.”

Notes of Decisions

Cited in 223 cases (12 in the last 5 years), 1968–2025 · leading case: Lorillard Tobacco Co. v. Reilly, 533 U.S. 525 (2001).

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Lorillard Tobacco Co. v. Reilly, 533 U.S. 525 (2001). · cites it 13× “282 , as amended, 15 U. S. C. § 1331 et seq. The second question presented is whether certain regulations governing the advertising and sale of tobacco products violate the First Amendment.”

Food & Drug Admin. v. Brown & Williamson Tobacco Corp., 529 U.S. 120 (2000). · cites it 8× “" 15 U. S. C. § 1331 . Congress' decisions to regulate labeling and advertising and to adopt the express policy of protecting "commerce and the national economy .”

Cipollone v. Liggett Grp., Inc., 505 U.S. 504 (1992). · cites it 7× “Ante, at 519 (quoting 15 U. S. C. § 1331 (2)). The narrow scope of federal pre-emption is thus apparent from the statutory text, and it is correspondingly impossible to divine any "clear and manifest purpose" on the part of Congress to pre-empt common-law damages actions.”

Price v. Philip Morris, Inc., 848 N.E.2d 1 (Ill. 2006). · cites it 8× “282, codified at 15 U.S.C. § 1331 et seq. (2000)), contained a preemption provision that vacated the newly promulgated trade regulation rule.”

Altria Grp., Inc. v. Good, 555 U.S. 70 (2008). · cites it 4× “Under the Labeling Act, Congress “establish[ed] a comprehensive Federal Program to deal with cigarette labeling and ad vertising,” 15 U. S. C. §1331 , so that “commerce and the national economy may .”

Etcheverry v. Tri-Ag Serv., Inc., 993 P.2d 366 (Cal. 2000). · cites it 8× “282 , codified at 15 U.S.C. § 1331 et seq. (the 1965 Cigarette Act)) and its successor, the Public Health Cigarette Smoking Act of 1969 ( Pub.”

In Re Tobacco II Cases, 207 P.3d 20 (Cal. 2009). · cites it 2× “3d 106 ] [UCL claim against tobacco industry based on advertising targeting minors preempted by the Federal Cigarette Labeling and Advertising Act ( 15 U.S.C. § 1331 et seq.)].) [6] The bulk of the decertification motion addressed the issue of whether Proposition 64 applied to…”

Theresa Graham v. R.J Reynolds Tobacco Co., 857 F.3d 1169 (11th Cir. 2017). · cites it 3× “Reynolds and Philip Morris’s argument, the statement of purpose in the Labeling Act, 15 U.S.C. § 1331 , does not preserve cigarette sales.”

Bullock v. Phillip Morris USA, Inc., 71 Cal. Rptr. 3d 775 (Cal. Ct. App. 2008). · cites it 3× “8 Accordingly, Philip Morris has not shown instructional error with respect to fraudulent concealment. 9 4. Philip Morris Has Shown No Error with Respect to Preemption a.”

Mangini v. R. J. Reynolds Tobacco Co., 875 P.2d 73 (Cal. 1994). · cites it 3× “2608 ], which itself interpreted the Federal Cigarette Labeling and Advertising Act ( 15 U.S.C. § 1331 et seq.). We conclude that the action, as defined and limited by the Court of Appeal, is not preempted, and affirm the judgment of the Court of Appeal.”

Cipollone v. Liggett Grp., Inc., 593 F. Supp. 1146 (D.N.J. 1984). · cites it 7× “1 Defendants have each answered, asserting as an affirmative defense, inter alia, that plaintiff’s claims are preempted by the Federal Cigarette Labeling Act, as amended by the Public Health Cigarette Smoking Act, 15 U.S.C. § 1331 et seq. Plaintiff has moved to strike such…”

Boeken v. Philip Morris Inc., 26 Cal. Rptr. 3d 638 (Cal. Ct. App. 2005). · cites it 2× “, 15 U.S.C. § 1331 et seq.) 9 In March 1965, the Tobacco Institute issued a press release in which it described, among other things, the testimony of RJ.”

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