US Codex
U.S.C.
Notes

§4408. Definitions — Inbound Citations

15 U.S.C. § 4408

Cited by 54 provisions in release 119-102.

Citations to §4408(1)

Citations to §4408(3)

Citations to §4408(4)

Citations to §4408(5)

Citations to §4408(6)

  • 15 U.S.C. § 4401(a)(1)
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    (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.
  • 15 U.S.C. § 4401(a)(1)(B)
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    (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;
  • 15 U.S.C. § 4401(a)(2)
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    (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.
  • 15 U.S.C. § 4401(b)
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    (b) 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.
  • 15 U.S.C. § 4402(b)(3)(A)
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    (A) The label statements specified in subsection (a)(1) shall be randomly displayed in each 12-month period, in as equal a number of times as is possible on each brand of the product and be randomly distributed in all areas of the United States in which the product is marketed in accordance with a plan submitted by the tobacco product manufacturer, importer, distributor, or retailer and approved by the Secretary.
  • 15 U.S.C. § 4402(b)(3)(B)
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    (B) The label statements specified in subsection (a)(1) shall be rotated quarterly in alternating sequence in advertisements for each brand of smokeless tobacco product in accordance with a plan submitted by the tobacco product manufacturer, importer, distributor, or retailer to, and approved by, the Secretary.
  • 15 U.S.C. § 4402(b)(3)(C)
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    (C) The Secretary shall review each plan submitted under subparagraphs (A) and (B) and approve it if the plan—
    (i) will provide for the equal distribution and display on packaging and the rotation required in advertising under this subsection; and
    (ii) assures that all of the labels required under this section will be displayed by the tobacco product manufacturer, importer, distributor, or retailer at the same time.
  • 15 U.S.C. § 4402(b)(4)
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    (4) The Secretary may, through a rulemaking under section 553 of title 5, adjust the format and type sizes for the label statements required by this section; the text, format, and type sizes of any required tar, nicotine yield, or other constituent disclosures; or the text, format, and type sizes for any other disclosures required under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]. The text of any such label statements or disclosures shall be required to appear only within the 20 percent area of advertisements provided by paragraph (2). The Secretary shall promulgate regulations which provide for adjustments in the format and type sizes of any text required to appear in such area to ensure that the total text required to appear by law will fit within such area.
  • 15 U.S.C. § 4402(d)
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    (d) The Secretary may, by a rulemaking conducted under section 553 of title 5, adjust the format, type size, and text of any of the label requirements, require color graphics to accompany the text, increase the required label area from 30 percent up to 50 percent of the front and rear panels of the package, or establish the format, type size, and text of any other disclosures required under the Federal Food, Drug, and Cosmetic Act, if the Secretary finds that such a change would promote greater public understanding of the risks associated with the use of smokeless tobacco products.
  • 15 U.S.C. § 4403(a)(1)
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    (1) Each person who manufactures, packages, or imports smokeless tobacco products shall annually provide the Secretary with—
    (A) a list of the ingredients added to tobacco in the manufacture of smokeless tobacco products which does not identify the company which uses the ingredients or the brand of smokeless tobacco which contains the ingredients; and
    (B) a specification of the quantity of nicotine contained in each such product.
  • 15 U.S.C. § 4403(b)(1)
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    (1) At such times as the Secretary considers appropriate, the Secretary shall transmit to the Congress a report, based on the information provided under subsection (a), respecting—
    (A) a summary of research activities and proposed research activities on the health effects of ingredients added to tobacco in the manufacture of smokeless tobacco products and the findings of such research;
    (B) information pertaining to any such ingredient which in the judgment of the Secretary poses a health risk to users of smokeless tobacco; and
    (C) any other information which the Secretary determines to be in the public interest.
  • 15 U.S.C. § 4403(b)(1)(B)
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    (B) information pertaining to any such ingredient which in the judgment of the Secretary poses a health risk to users of smokeless tobacco; and
  • 15 U.S.C. § 4403(b)(1)(C)
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    (C) any other information which the Secretary determines to be in the public interest.
  • 15 U.S.C. § 4403(b)(2)(A)
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    (A) Any information provided to the Secretary under subsection (a) shall be treated as a trade secret or confidential information subject to section 552(b)(4) of title 5 and shall not be revealed, except as provided in paragraph (1), to any person other than those authorized by the Secretary in carrying out their official duties under this section.
  • 15 U.S.C. § 4403(b)(2)(B)
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    (B) Subparagraph (A) does not authorize the withholding of information provided under subsection (a) of this section from any duly authorized subcommittee or committee of the Congress. If a subcommittee or committee of the Congress requests the Secretary to provide it such information, the Secretary shall make the information available to the subcommittee or committee and shall, at the same time, notify in writing the person who provided the information of such request.
  • 15 U.S.C. § 4403(b)(2)(C)
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    (C) The Secretary shall establish written procedures to assure the confidentiality of information provided under subsection (a) of this section. Such procedures shall include the designation of a duly authorized agent to serve as custodian of such information. The agent—
    (i) shall take physical possession of the information and, when not in use by any person authorized to have access to such information, shall store it in a locked cabinet or file; and
    (ii) shall maintain a complete record of any person who inspects or uses the information.
    Such procedures shall require that any person permitted access to the information shall be instructed in writing not to disclose the information to anyone who is not entitled to have access to the information.