[Tobacco][S. 1415 Further Modification of Commerce Committee Amendment] [2]
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OCR Page 1 of 41of the application if the Secretary finds_
``(A) that the continued marketing of such tobacco product no longer is appropriate for the
protection of the public health;
``(B) that the application contained or was accompanied by an untrue statement of a material
fact;
``(C) that the applicant_
``(i) has failed to establish a system for maintaining records, or has repeatedly or deliberately
failed to maintain records or to make reports, required by an applicable regulation under section
909;
``(ii) has refused to permit access to, or copying or verification of, such records as required by
section 704; or
`(iii) has not complied with the requirements of section 905;
``(D) on the basis of new information before the Secretary with respect to such tobacco product,
evaluated together with the evidence before the Secretary when the application was approved,
that the methods used in, or the facilities and controls used for, the manufacture, processing,
packing, or installation of such tobacco product do not conform with the requirements of section
906(e) and were not brought into conformity with such requirements within a reasonable time
after receipt of written notice from the Secretary of nonconformity;
`(E) on the basis of new information before the Secretary, evaluated together with the evidence
before the Secretary when the application was approved, that the labeling of such tobacco
product, based on a fair evaluation of all material facts, is false or misleading in any particular
and was not corrected within a reasonable time after receipt of written notice from the Secretary
of such fact; or
(F) on the basis of new information before the Secretary, evaluated together with the evidence
before the Secretary when the application was approved, that such tobacco product is not shown
to conform in all respects to a performance standard which is in effect under section 907,
compliance with which was a condition to approval of the application, and that there is a lack of
adequate information to justify the deviation from such standard.
``(2) Appeal._ The holder of an application subject to an order issued under paragraph (1)
withdrawing approval of the application may, by petition filed on or before the thirtieth day after
the date upon which he receives notice of such withdrawal, obtain review thereof in accordance
with subsection (e) of this section.
``(3) Temporary suspension._ If, after providing an opportunity for an informal hearing, the
Secretary determines there is reasonable probability that the continuation of distribution of a
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