Does FCLAA or CSTHEA preempt state and local initiatives?
Yes, both laws contain some preemptive provisions, however they do not preempt stricter state-level requirements regarding the submission of ingredient information. 15 U.S.C. 1334(a)-(b), of FCLAA reads: “(a) Additional statements No statement relating to smoking and health, other than the statement required by section 1333 of this title, shall be required on any cigarette package. (b) State regulations No requirement or prohibition based on smoking and health shall be imposed under State law with respect to the advertising or promotion of any cigarettes the packages of which are labeled in conformity with the provisions of this chapter.” And the CSTHEA, 15 U.S.C. ยง4406(a)-(c), states: “(a) Federal action No statement relating to the use of smokeless tobacco products and health, other than the statements required by section 4402 of this title, shall be required by any Federal agency to appear on any package or in any advertisement (unless the advertisement is an outdoor billboard adver
