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.

      
 
                      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
---------------------------------------------------------------------------
    \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].''