123STA T . 1 8 3 4PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 0 9(B)bystrik i ng‘ ‘ 708,o r7 21’ ’ a n d ins e rting ‘‘708, 721, 9 0 4 ,90 5 ,90 6 , 907, 908, 909, or 920(b)’’
(8)ins u bse c tion (k), by inserting ‘‘tobacco p roduct,’’ a f ter ‘‘de v ice,’’; (9) by striking subsection (p) and inserting t h efo l lo w ing
‘‘(p) T he failure to register in accordance with section 510 or 905, the failure to provide any infor m ation re q uired by section 510( j ), 510(k), 905(i), or 905(j), or the failure to provide a notice required by section 510(j)(2) or 905(i)( 3 ) . ’’; (10) by striking subsection (q)(1) and inserting the fol - lowing: ‘‘(q)(1) The failure or refusal — ‘‘( A ) to comply with any requirement prescribed under sec- tion 518, 520(g), 903(b), 907, 908, or 915; ‘‘(B) to furnish any notification or other material or informa- tion required by or under section 519, 520(g), 904, 909, or 920; or ‘‘( C ) to comply with a requirement under section 522 or 913.’’; (11) in subsection (q)(2), by striking ‘‘device,’’ and inserting ‘‘device or tobacco product,’’; (12) in subsection (r), by inserting ‘‘or tobacco product’’ after the term ‘‘device’’ each time that such term appears; and (13) by adding at the end the following: ‘‘(oo) The sale of tobacco products in violation of a no-tobacco- sale order issued under section 303(f). ‘‘(pp) The introduction or delivery for introduction into inter- state commerce of a tobacco product in violation of section 911. ‘‘(qq)(1) F orging, counterfeiting, simulating, or falsely rep- resenting, or without proper authority using any mark, stamp (including ta x stamp), tag, label, or other identification device upon any tobacco product or container or labeling thereof so as to render such tobacco product a counterfeit tobacco product. ‘‘(2) M aking, selling, disposing of, or keeping in possession, control, or custody, or concealing any punch, die, plate, stone, or other item that is designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any tobacco product or container or labeling thereof so as to render such tobacco product a counterfeit tobacco product. ‘‘(3) The doing of any act that causes a tobacco product to be a counterfeit tobacco product, or the sale or dispensing, or the holding for sale or dispensing, of a counterfeit tobacco product. ‘‘(rr) The charitable distribution of tobacco products. ‘‘(ss) The failure of a manufacturer or distributor to notify the Attorney G eneral and the S ecretary of the Treasury of their knowledge of tobacco products used in illicit trade. ‘‘(tt) Making any express or implied statement or representation directed to consumers with respect to a tobacco product, in a label or labeling or through the media or advertising, that either conveys, or misleads or would mislead consumers into believing, that— ‘‘(1) the product is approved by the Food and D rug Adminis- tration; ‘‘(2) the Food and Drug Administration deems the product to be safe for use by consumers;
