---
kind: "section"
citation: "15 U.S.C. § 4408"
title: "15"
title_heading: "Commerce and Trade"
number: "4408"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/4408"
units:
  - "Chapter 70 — Comprehensive Smokeless Tobacco Health Education"
---

# §4408. Definitions


For purposes of this chapter:

- (1) The term “smokeless tobacco” has the meaning given such term by [section 387(18) of title 21](/usc/21/387.md?p=18).
- (2) The term “commerce” means (A) commerce between any [State](/usc/15/15g.md?p=2), the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island and any place outside thereof; (B) commerce between points in any [State](/usc/15/15g.md?p=2), the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island, but through any place outside thereof; or (C) commerce wholly within the District of Columbia, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island.
- (3) The term “United States”, when used in a geographical sense, includes the several [States](/usc/15/15g.md?p=2), the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and installations of the Armed Forces.
- (4) The term “package” means a pack, box, carton, pouch, or container of any kind in which [smokeless tobacco](#1) products are offered for sale, sold, or otherwise distributed to consumers.
- (5) The term “sale or distribution” includes sampling or any other distribution not for sale.
- (6) The term “Secretary” means the Secretary of Health and Human Services.

## Source credit

(Pub. L. 99–252, § 9, Feb. 27, 1986, 100 Stat. 34; Pub. L. 111–31, div. A, title I, § 101(c), June 22, 2009, 123 Stat. 1830.)

## Notes

### Editorial Notes

### Amendments

2009—Par. (1). Pub. L. 111–31 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘smokeless tobacco’ means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity.”