...Notification to Congress. Trade regulation effective date. Report to Congress. "PREEMPTION "SeC. 5. (a) Xo statement relating to smoking and health, other than...promotion of any cigarettes the packages of which arc labeled in. conformity with the provisions of this Act. "UNLAWFUL ADVT.RTISEM KNTS "SEC. 6. After...

...required to carry any warning statement other than the statement prescribed by Congress, and that: No requirement or prohibition based on smoking and...the advertising or promotion of any cigarettes the package of which are labeled in conformity with the provisions of this act. As recently as 1983, this...

...Cigarette Labeling and Advertising Act, which specifies that "(njo requirement or prohibition - 9 - 10 based on smoking and health shall be imposed under...to the advertising or promotion of any cigarettes." IS USC S 1334(b). This "antipreemption" provision would Balkanize regulation of the advertising of...

...the advertising, as well? Mr. LUKKN. No. Then paragraph B says no requirement or prohibition placed on smoking and health shall be imposed under State law with respect to advertising or promotion of any cigarettes the packages of which are labeled in conformity with the...

...Directors, the provision is one that we must oppose. Let me briefly explain why. Under current law "no requirement or prohibition based on smoking and...promotion of any cigarettes, the packages of which are labelled in conformity with federal labeling requirements." (Current law also preempts additional state...

...13 smoking and health shall be imposed under State law with respect to the advertising or promotions of any cigarettes the packages of which are labeled in conformity with the provisions of the chapter." 15 USCA § 1334(b). By discarding this provision, the proposed legislation leaves the...

...preemption, going far beyond current law which states that "No requirement or prohibition based on 13 smoking and health shall be imposed under State law with respect to the advertising or promotions of any cigarettes the packages of which are labeled in conformity with the provisions of...

...many areas outside the scope of federal preemption, going far beyond current law which states that "No requirement or prohibition based on smoking and health shall be imposed 'jnder State law with respect to the advertising or promotions of any cigarettes the packages of which...

...the statutory language proscribing any "requirement or prohibition based on smoking and health . . . imposed under State law with respect to the advertising...promotion of any cigarettes the packages of which [conformed to the statute]."35 The court's reading of "requirement or prohibition" as a preclusive...

...makers had failed to provide adequate warnings. But the 1 969 act used broader preemption language: "No requirement or prohibition based on smoking and...promotion of any cigarettes the packages of which are [lawfully] labeled." The Court concluded that the second law "preempted claims based on a failure to...