21 USC 387h - Notification and other remedies

U.S Code last checked for updates: Jan 18, 2025

§ 387h.

Notification and other remedies

(a)

Notification

If the Secretary determines that—

(1)

a tobacco product which is introduced or delivered for introduction into interstate commerce for commercial distribution presents an unreasonable risk of substantial harm to the public health; and

(2)

notification under this subsection is necessary to eliminate the unreasonable risk of such harm and no more practicable means is available under the provisions of this subchapter (other than this section) to eliminate such risk,

the Secretary may issue such order as may be necessary to assure that adequate notification is provided in an appropriate form, by the persons and means best suited under the circumstances involved, to all persons who should properly receive such notification in order to eliminate such risk. The Secretary may order notification by any appropriate means, including public service announcements. Before issuing an order under this subsection, the Secretary shall consult with the persons who are to give notice under the order.

(b)

No exemption from other liability

(c)

Recall authority

(1)

In general

(2)

Amendment of order to require recall

(A)

In general

(B)

Notice

An amended order under subparagraph (A)—

(i)

shall not include recall of a tobacco product from individuals; and

(ii)

shall provide for notice to persons subject to the risks associated with the use of such tobacco product.

In providing the notice required by clause (ii), the Secretary may use the assistance of retailers and other persons who distributed such tobacco product. If a significant number of such persons cannot be identified, the Secretary shall notify such persons under section 375(b) of this title.

(3)

Remedy not exclusive

(June 25, 1938, ch. 675, § 908, as added Pub. L. 111–31, div. A, title I, § 101(b)(3), June 22, 2009, 123 Stat. 1804.)

cite as: 21 USC 387h