On Tuesday, October 20, 2009, the Technical Assistance Legal Center (TALC) and the Center for Tobacco Policy & Organizing (the Center) hosted a webinar on the new law that gives the Food and Drug Administration (FDA) the authority to regulate tobacco products. Speakers provided a summary of the provisions of the law and the lawsuit brought against it and detailed which tobacco control policies are affected by the law.

The Family Smoking Prevention and Tobacco Control Act gives the U.S. Food and Drug Administration (FDA) authority to regulate products that contain tobacco. Not every provision in the 2009 FDA Law, however, applies to every kind of tobacco product. This fact sheet explains which restrictions in the 2009 FDA Law apply to which tobacco products.

You may also be interested in these other TALC products about the FDA:

For years, tobacco companies have been distributing free samples of tobacco products, targeting young people in particular to lure new customers. The Family Smoking Prevention and Tobacco Control Act, commonly referred to as the FDA law, created new restrictions on this practice (known as “sampling”) but did not eliminate it completely.

Yes and no. State law and the Master Settlement Agreement (MSA) do already prohibit the distribution of free tobacco samples in most public places—but there are exceptions for adult-only locations, like bars. This practice, known as sampling, also is permitted at private events that are open to the public, so long as it takes place in a separate area that minors can’t access or see inside (for instance, a tobacco company sampling tent at a rodeo or motor racing event).

The Technical Assistance Legal Center (TALC) developed this Model Ordinance to help California cities and counties limit the free or low cost distribution of tobacco products, also known as “sampling.” For example, tobacco companies sponsor “bar nights” where they give away free samples of their products in bars.

A local ordinance limiting tobacco product sampling can prohibit the free or low-cost distribution of tobacco products or coupons, including at “bar nights” sponsored by tobacco companies.

Although state law and the Master Settlement Agreement (MSA) already prohibit some forms of sampling, local governments can go further by completely banning tobacco sampling. Additionally, a local ordinance can provide practical enforcement options, since local governments cannot enforce the MSA and must file a resource-intensive civil lawsuit to enforce state law.

This 2009 booklet (and a 2010 supplement) provides summaries of tobacco laws that affect California. It is designed as a resource for tobacco control advocates, government attorneys, local law enforcement agencies, and anyone who is working on tobacco control issues.