15 USC § 4406 - Preemption

---
identifier: "/us/usc/t15/s4406"
source: "usc"
legal_status: "official_prima_facie"
title: "15 USC § 4406 - Preemption"
title_number: 15
title_name: "COMMERCE AND TRADE"
section_number: "4406"
section_name: "Preemption"
chapter_number: 70
chapter_name: "COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
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.)"
---


# § 4406. Preemption

**(a)** **Federal action** section 4402 of this title

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 products and health, other than the statements required by , shall be required by any Federal agency to appear on any package or in any advertisement (unless the advertisement is an outdoor billboard advertisement) of a smokeless tobacco product.

**(b)** **State and local action** section 4402 of this title

No statement relating to the use of smokeless tobacco products and health, other than the statements required by , shall be required by any State or local statute or regulation to be included on any package or in any advertisement (unless the advertisement is an outdoor billboard advertisement) of a smokeless tobacco product.

**(c)** **Effect on liability law** Nothing in this chapter shall relieve any person from liability at common law or under State statutory law to any other person.

---

**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.)

## Editorial Notes

### References in Text

The Family Smoking Prevention and Tobacco Control Act, referred to in subsec. (a), is div. A of , , . For complete classification of this Act to the Code, see Short Title of 2009 Amendment note set out under , Food and Drugs, and Tables.

### Amendments

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