# Exemption From Federal Preemption of State and Local Cigarette and Smokeless Tobacco Requirements; Revocation
> **Food and Drug Administration** · Final rule. · Published 2000-11-07 · Effective 2000-11-07 · 65 FR 66636
## Document
- **Document number:** 00-28522
- **Category:** fda-device
- **Sub-agency:** Food and Drug Administration
- **Federal Register citation:** 65 FR 66636
- **CFR reference:** 21 CFR 808
- **Publication date:** 2000-11-07
- **Effective date:** 2000-11-07
- **HHS docket:** Docket No. 00N-1561
## Abstract

The Food and Drug Administration (FDA) is revoking its regulation governing the exemption from Federal preemption of State and local medical device requirements for the sale and distribution of cigarettes and smokeless tobacco to children and adolescents. This action is being taken in response to the Supreme Court Decision of March 21, 2000, in which the court held that Congress has not given FDA the authority to regulate tobacco products as customarily marketed. On March 31, 2000, FDA removed its regulations restricting the sale and distribution of cigarettes and smokeless tobacco to children and adolescents. Because these regulations are not in effect, the State requirements are not preempted. Therefore, FDA is revoking its regulations exempting the State and local requirements from preemption. This rule is also adding a regulation that was inadvertently removed in a previous document.

## Source
- [Federal Register document](https://www.federalregister.gov/documents/2000/11/07/00-28522/exemption-from-federal-preemption-of-state-and-local-cigarette-and-smokeless-tobacco-requirements)
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