---
kind: "section"
citation: "15 U.S.C. § 4406"
title: "15"
title_heading: "Commerce and Trade"
number: "4406"
heading: "Preemption"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/4406"
units:
  - "Chapter 70 — Comprehensive Smokeless Tobacco Health Education"
---

# §4406. Preemption

- (a) **Federal action—** Except as provided in the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), no statement relating to the use of [smokeless tobacco](/usc/15/4408.md?p=1) products and health, other than the statements required by [section 4402 of this title](/usc/15/4402.md), shall be required by any Federal agency to appear on any [package](/usc/15/4408.md?p=4) or in any advertisement (unless the advertisement is an outdoor billboard advertisement) of a [smokeless tobacco](/usc/15/4408.md?p=1) product.
- (b) **State and local action—** No statement relating to the use of [smokeless tobacco](/usc/15/4408.md?p=1) products and health, other than the statements required by [section 4402 of this title](/usc/15/4402.md), shall be required by any [State](/usc/15/15g.md?p=2) or local statute or regulation to be included on any [package](/usc/15/4408.md?p=4) or in any advertisement (unless the advertisement is an outdoor billboard advertisement) of a [smokeless tobacco](/usc/15/4408.md?p=1) product.
- (c) **Effect on liability law—** Nothing in this chapter shall relieve any [person](/usc/15/7a.md?p=6) from liability at common law or under [State](/usc/15/15g.md?p=2) statutory law to any other [person](/usc/15/7a.md?p=6).

## Source credit

(Pub. L. 99–252, § 7, Feb. 27, 1986, 100 Stat. 34; Pub. L. 111–31, div. A, title II, § 205(b), June 22, 2009, 123 Stat. 1849.)

## Notes

### Editorial Notes

### References in Text

The Family Smoking Prevention and Tobacco Control Act, referred to in subsec. (a), is div. A of Pub. L. 111–31, June 22, 2009, 123 Stat. 1776. For complete classification of this Act to the Code, see Short Title of 2009 Amendment note set out under section 301 of Title 21, Food and Drugs, and Tables.

### Amendments

2009—Subsec. (a). Pub. L. 111–31 substituted “Except as provided in the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), no” for “No”.