123STA T . 1 78 1 PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 0 9routinelymak e sd e c isions a b out wh ether and how p roducts may be marketed in the U nited S tates .(45)T he F ederal Trade C ommission was created to protect consumers f rom unfair or decepti v e acts or practices , and to re g ulate unfair methods of competition. I ts focus is on those marketplace practices that deceive or mislead consumers, and those that give some competitors an unfair advantage. Its mis - sion is to regulate activities in the marketplace. N either the Federal Trade Commission nor any other Federal agency e x cept the Food and D rug A dministration possesses the scientific expertise needed to implement effectively all provisions of the Family Smoking P revention and Tobacco Control Act. (4 6 ) If manufacturers state or imply in communications directed to consumers through the media or through a label, labeling, or advertising, that a tobacco product is approved or inspected by the Food and Drug Administration or complies with Food and Drug Administration standards, consumers are likely to be confused and misled. Depending upon the particular language used and its context, such a statement could result in consumers being misled into believing that the product is endorsed by the Food and Drug Administration for use or in consumers being misled about the harmfulness of the product because of such regulation, inspection, approval, or compliance. (4 7 ) In August 20 06 a United States district court j udge found that the major United States cigarette companies con- tinue to target and market to youth. USA v. Philip M orris, USA, Inc., et al. (Civil Action No. 9 9 – 2496 ( GK ), August 1 7, 2006). (4 8 ) In August 2006 a United States district court judge found that the major United States cigarette companies dramatically increased their advertising and promotional spending in ways that encourage youth to start smoking subse- q uent to the signing of the Master Settlement Agreement in 1998. USA v. Philip Morris, USA, Inc., et al. (Civil Action No. 99–2496 (GK), August 17, 2006). (49) In August 2006 a United States district court judge found that the major United States cigarette companies have designed their cigarettes to precisely control nicotine delivery levels and provide doses of nicotine sufficient to create and sustain addiction while also concealing much of their nicotine- related research. USA v. Philip Morris, USA, Inc., et al. (Civil Action No. 99–2496 (GK), August 17, 2006). SEC.3 . PUR P O SE. The purposes of this division are — (1) to provide authority to the Food and Drug Administra- tion to regulate tobacco products under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 3 01 et seq.), by recogni z ing it as the primary Federal regulatory authority with respect to the manufacture, marketing, and distribution of tobacco prod- ucts as provided for in this division
(2) to ensure that the Food and Drug Administration has the authority to address issues of particular concern to public health officials, especially the use of tobacco by young people and dependence on tobacco; 21USC387note.
