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U.S. Department of Health and Human Services

Tobacco Products

Section 914 of the Federal Food, Drug, and Cosmetic Act - Jurisdiction of and Coordination with the Federal Trade Commission

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    1. Jurisdiction
       
      1. In General. Except where expressly provided in this chapter, nothing in this chapter 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. Any advertising that violates this chapter or a provision of the regulations referred to in section 102 of the Family Smoking Prevention and Tobacco Control Act, is an unfair or deceptive act or practice under section 5(a) of the Federal Trade Commission Act and shall be considered a violation of a rule promulgated under section 18 of that Act.
         
    2. Coordination. With respect to the requirements of section 4 of the Federal Cigarette Labeling and Advertising Act and section 3 of the Comprehensive Smokeless Tobacco Health Education Act of 1986
       
      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.