21 USC § 387n - Jurisdiction of and coordination with the Federal Trade Commission

---
identifier: "/us/usc/t21/s387n"
source: "usc"
legal_status: "official_prima_facie"
title: "21 USC § 387n - Jurisdiction of and coordination with the Federal Trade Commission"
title_number: 21
title_name: "FOOD AND DRUGS"
section_number: "387n"
section_name: "Jurisdiction of and coordination with the Federal Trade Commission"
chapter_number: 9
chapter_name: "FEDERAL FOOD, DRUG, AND COSMETIC ACT"
subchapter_number: "IX"
subchapter_name: "TOBACCO PRODUCTS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(June 25, 1938, ch. 675, § 914, as added Pub. L. 111–31, div. A, title I, § 101(b)(3), June 22, 2009, 123 Stat. 1820.)"
---


# § 387n. Jurisdiction of and coordination with the Federal Trade Commission

**(a)** **Jurisdiction**

**(1)** **In general** Except where expressly provided in this subchapter, nothing in this subchapter shall be construed as limiting or diminishing the authority of the Federal Trade Commission to enforce the laws under its jurisdiction with respect to the advertising, sale, or distribution of tobacco products.

**(2)** **Enforcement** section 387a–1 of this titlesection 45(a) of title 15section 57a of title 15

Any advertising that violates this subchapter or a provision of the regulations referred to in , is an unfair or deceptive act or practice under  and shall be considered a violation of a rule promulgated under .

**(b)** **Coordination** With respect to the requirements of section 4 of the Federal Cigarette Labeling and Advertising Act [15 U.S.C. 1333] and section 3 of the Comprehensive Smokeless Tobacco Health Education Act of 1986 [15 U.S.C. 4402]—

**(1)** the Chairman of the Federal Trade Commission shall coordinate with the Secretary concerning the enforcement of such Act as such enforcement relates to unfair or deceptive acts or practices in the advertising of cigarettes or smokeless tobacco; and

**(2)** the Secretary shall consult with the Chairman of such Commission in revising the label statements and requirements under such sections.

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**Source Credit**: (June 25, 1938, ch. 675, § 914, as added Pub. L. 111–31, div. A, title I, § 101(b)(3), June 22, 2009, 123 Stat. 1820.)

## Editorial Notes

### References in Text

The Federal Cigarette Labeling and Advertising Act, referred to in subsec. (b), is , , , which is classified generally to chapter 36 (§ 1331 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.

The Comprehensive Smokeless Tobacco Health Education Act of 1986, referred to in subsec. (b), is , , , which is classified principally to chapter 70 (§ 4401 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.