15 USC 1335a(b)(2)(A): Cigarette additive information
About This Project
This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.
| Department | Claims |
|---|---|
| Dept. of Health and Human Services | 1.0 |
TITLE 15--COMMERCE AND TRADE
CHAPTER 36--CIGARETTE LABELING AND ADVERTISING
Sec. 1335a. List of cigarette ingredients; annual submission to
Secretary; transmittal to Congress; confidentiality
(a) Each person who manufactures, packages, or imports cigarettes
shall annually provide the
Secretary with a list of the ingredients added to tobacco in the
manufacture of cigarettes which does not identify the company which uses
the ingredients or the brand of cigarettes which contain the
ingredients. A person or group of persons required to provide a list by
this subsection may designate an individual or entity to provide the
list required by this subsection.
(b)(1) At such times as the Secretary considers appropriate, the
Secretary shall transmit to the Congress a report, based on the
information provided under subsection (a) of this section, respecting--
(A) a summary of research activities and proposed research
activities on the health effects of ingredients added to tobacco in
the manufacture of cigarettes and the findings of such research;
(B) information pertaining to any such ingredient which in the
judgement \1\ of the Secretary poses a health risk to cigarette
smokers; and
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\1\ So in original. Probably should be ``judgment''.
---------------------------------------------------------------------------
(C) any other information which the Secretary determines to be
in the public interest.
(2)(A) Any information provided to the Secretary under subsection
(a) of this section shall be treated as trade secret or confidential
information subject to section 552(b)(4) of title 5 and section 1905 of
title 18 and shall not be revealed, except as provided in paragraph (1),
to any person other than those authorized by the Secretary in carrying
out their official duties under this section.
(B) Subparagraph (A) does not authorize the withholding of a list
provided under subsection (a) of this section from any duly authorized
subcommittee or committee of the Congress. If a subcommittee or
committee of the Congress requests the Secretary to provide it such a
list, the Secretary shall make the list available to the subcommittee or
committee and shall, at the same time, notify in writing the person who
provided the list of such request.
(C) The Secretary shall establish written procedures to assure the
confidentiality of information provided under subsection (a) of this
section. Such procedures shall include the designation of a duly
authorized agent to serve as custodian of such information. The agent--
(i) shall take physical possession of the information and, when
not in use by a person authorized to have access to such
information, shall store it in a locked cabinet or file, and
(ii) shall maintain a complete record of any person who inspects
or uses the information.
Such procedures shall require that any person permitted access to the
information shall be instructed in writing not to disclose the
information to anyone who is not entitled to have access to the
information.
(Pub. L. 89-92, Sec. 7, as added Pub. L. 98-474, Sec. 5(a), Oct. 12,
1984, 98 Stat. 2203.)
Prior Provisions
A prior section 7 of Pub. L. 89-92 was renumbered section 8 and is
classified to section 1336 of this title.
Effective Date of 1984 Amendment
Section 5(b) of Pub. L. 98-474 provided that: ``Section 7 of the
Federal Cigarette Labeling and Advertising Act [this section] added by
subsection (a) shall take effect upon the expiration of the one-year
period beginning on the date of the enactment of this Act [Oct. 12,
1984].''
Sec. 1335a. List of cigarette ingredients; annual submission to
Secretary; transmittal to Congress; confidentiality
(a) Each person who manufactures, packages, or imports cigarettes
shall annually provide the
Secretary with a list of the ingredients added to tobacco in the
manufacture of cigarettes which does not identify the company which uses
the ingredients or the brand of cigarettes which contain the
ingredients. A person or group of persons required to provide a list by
this subsection may designate an individual or entity to provide the
list required by this subsection.
(b)(1) At such times as the Secretary considers appropriate, the
Secretary shall transmit to the Congress a report, based on the
information provided under subsection (a) of this section, respecting--
(A) a summary of research activities and proposed research
activities on the health effects of ingredients added to tobacco in
the manufacture of cigarettes and the findings of such research;
(B) information pertaining to any such ingredient which in the
judgement \1\ of the Secretary poses a health risk to cigarette
smokers; and
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``judgment''.
---------------------------------------------------------------------------
(C) any other information which the Secretary determines to be
in the public interest.
(2)(A) Any information provided to the Secretary under subsection
(a) of this section shall be treated as trade secret or confidential
information subject to section 552(b)(4) of title 5 and section 1905 of
title 18 and shall not be revealed, except as provided in paragraph (1),
to any person other than those authorized by the Secretary in carrying
out their official duties under this section.
(B) Subparagraph (A) does not authorize the withholding of a list
provided under subsection (a) of this section from any duly authorized
subcommittee or committee of the Congress. If a subcommittee or
committee of the Congress requests the Secretary to provide it such a
list, the Secretary shall make the list available to the subcommittee or
committee and shall, at the same time, notify in writing the person who
provided the list of such request.
(C) The Secretary shall establish written procedures to assure the
confidentiality of information provided under subsection (a) of this
section. Such procedures shall include the designation of a duly
authorized agent to serve as custodian of such information. The agent--
(i) shall take physical possession of the information and, when
not in use by a person authorized to have access to such
information, shall store it in a locked cabinet or file, and
(ii) shall maintain a complete record of any person who inspects
or uses the information.
Such procedures shall require that any person permitted access to the
information shall be instructed in writing not to disclose the
information to anyone who is not entitled to have access to the
information.
(Pub. L. 89-92, Sec. 7, as added Pub. L. 98-474, Sec. 5(a), Oct. 12,
1984, 98 Stat. 2203.)
Prior Provisions
A prior section 7 of Pub. L. 89-92 was renumbered section 8 and is
classified to section 1336 of this title.
Effective Date of 1984 Amendment
Section 5(b) of Pub. L. 98-474 provided that: ``Section 7 of the
Federal Cigarette Labeling and Advertising Act [this section] added by
subsection (a) shall take effect upon the expiration of the one-year
period beginning on the date of the enactment of this Act [Oct. 12,
1984].''
Sec. 1335a. List of cigarette ingredients; annual submission to
Secretary; transmittal to Congress; confidentiality
(a) Each person who manufactures, packages, or imports cigarettes
shall annually provide the
Secretary with a list of the ingredients added to tobacco in the
manufacture of cigarettes which does not identify the company which uses
the ingredients or the brand of cigarettes which contain the
ingredients. A person or group of persons required to provide a list by
this subsection may designate an individual or entity to provide the
list required by this subsection.
(b)(1) At such times as the Secretary considers appropriate, the
Secretary shall transmit to the Congress a report, based on the
information provided under subsection (a) of this section, respecting--
(A) a summary of research activities and proposed research
activities on the health effects of ingredients added to tobacco in
the manufacture of cigarettes and the findings of such research;
(B) information pertaining to any such ingredient which in the
judgement \1\ of the Secretary poses a health risk to cigarette
smokers; and
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``judgment''.
---------------------------------------------------------------------------
(C) any other information which the Secretary determines to be
in the public interest.
(2)(A) Any information provided to the Secretary under subsection
(a) of this section shall be treated as trade secret or confidential
information subject to section 552(b)(4) of title 5 and section 1905 of
title 18 and shall not be revealed, except as provided in paragraph (1),
to any person other than those authorized by the Secretary in carrying
out their official duties under this section.
(B) Subparagraph (A) does not authorize the withholding of a list
provided under subsection (a) of this section from any duly authorized
subcommittee or committee of the Congress. If a subcommittee or
committee of the Congress requests the Secretary to provide it such a
list, the Secretary shall make the list available to the subcommittee or
committee and shall, at the same time, notify in writing the person who
provided the list of such request.
(C) The Secretary shall establish written procedures to assure the
confidentiality of information provided under subsection (a) of this
section. Such procedures shall include the designation of a duly
authorized agent to serve as custodian of such information. The agent--
(i) shall take physical possession of the information and, when
not in use by a person authorized to have access to such
information, shall store it in a locked cabinet or file, and
(ii) shall maintain a complete record of any person who inspects
or uses the information.
Such procedures shall require that any person permitted access to the
information shall be instructed in writing not to disclose the
information to anyone who is not entitled to have access to the
information.
(Pub. L. 89-92, Sec. 7, as added Pub. L. 98-474, Sec. 5(a), Oct. 12,
1984, 98 Stat. 2203.)
Prior Provisions
A prior section 7 of Pub. L. 89-92 was renumbered section 8 and is
classified to section 1336 of this title.
Effective Date of 1984 Amendment
Section 5(b) of Pub. L. 98-474 provided that: ``Section 7 of the
Federal Cigarette Labeling and Advertising Act [this section] added by
subsection (a) shall take effect upon the expiration of the one-year
period beginning on the date of the enactment of this Act [Oct. 12,
1984].''
Sec. 1335a. List of cigarette ingredients; annual submission to
Secretary; transmittal to Congress; confidentiality
(a) Each person who manufactures, packages, or imports cigarettes
shall annually provide the
Secretary with a list of the ingredients added to tobacco in the
manufacture of cigarettes which does not identify the company which uses
the ingredients or the brand of cigarettes which contain the
ingredients. A person or group of persons required to provide a list by
this subsection may designate an individual or entity to provide the
list required by this subsection.
(b)(1) At such times as the Secretary considers appropriate, the
Secretary shall transmit to the Congress a report, based on the
information provided under subsection (a) of this section, respecting--
(A) a summary of research activities and proposed research
activities on the health effects of ingredients added to tobacco in
the manufacture of cigarettes and the findings of such research;
(B) information pertaining to any such ingredient which in the
judgement \1\ of the Secretary poses a health risk to cigarette
smokers; and
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``judgment''.
---------------------------------------------------------------------------
(C) any other information which the Secretary determines to be
in the public interest.
(2)(A) Any information provided to the Secretary under subsection
(a) of this section shall be treated as trade secret or confidential
information subject to section 552(b)(4) of title 5 and section 1905 of
title 18 and shall not be revealed, except as provided in paragraph (1),
to any person other than those authorized by the Secretary in carrying
out their official duties under this section.
(B) Subparagraph (A) does not authorize the withholding of a list
provided under subsection (a) of this section from any duly authorized
subcommittee or committee of the Congress. If a subcommittee or
committee of the Congress requests the Secretary to provide it such a
list, the Secretary shall make the list available to the subcommittee or
committee and shall, at the same time, notify in writing the person who
provided the list of such request.
(C) The Secretary shall establish written procedures to assure the
confidentiality of information provided under subsection (a) of this
section. Such procedures shall include the designation of a duly
authorized agent to serve as custodian of such information. The agent--
(i) shall take physical possession of the information and, when
not in use by a person authorized to have access to such
information, shall store it in a locked cabinet or file, and
(ii) shall maintain a complete record of any person who inspects
or uses the information.
Such procedures shall require that any person permitted access to the
information shall be instructed in writing not to disclose the
information to anyone who is not entitled to have access to the
information.
(Pub. L. 89-92, Sec. 7, as added Pub. L. 98-474, Sec. 5(a), Oct. 12,
1984, 98 Stat. 2203.)
Prior Provisions
A prior section 7 of Pub. L. 89-92 was renumbered section 8 and is
classified to section 1336 of this title.
Effective Date of 1984 Amendment
Section 5(b) of Pub. L. 98-474 provided that: ``Section 7 of the
Federal Cigarette Labeling and Advertising Act [this section] added by
subsection (a) shall take effect upon the expiration of the one-year
period beginning on the date of the enactment of this Act [Oct. 12,
1984].''