Vending
The New FDA Law: A Green Light for Tobacco Control?
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.
What Tobacco Products Are Covered by the 2009 FDA Law?
FDA Law Notes
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:
Sampling: How does the FDA law affect local ordinances in California?
FDA Law Notes
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.
I have a question about a tobacco law. How can I learn more about laws involving tobacco use and sales?
TALC publishes (and regularly updates) a booklet entitled “Tobacco Laws Affecting California,” a guide to all of the federal and state tobacco laws that affect California. It contains summaries of the state laws regulating secondhand smoke, the sale and marketing of tobacco products, tobacco taxation and licensing, and more.
Self-Service Display Ordinance
This model ordinance was produced by the Technical Assistance Legal Center (TALC) to help guide California cities and counties that wish to regulate youth access to tobacco. The model ordinance provides comments after most provisions, and offers options for changing or customizing the ordinance at various points.
Tobacco Laws Affecting California
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.
Guide to California's Self-Service Display Law
As of January 1, 2005, California state law (Business and Professions Code section 22962) bans the selfservice display of almost all tobacco products and tobacco paraphernalia. For tobacco products, very limited exceptions exist for specific types of specialty tobacco shops and tobacco vending machines in bars. For tobacco paraphernalia, no exceptions exist at all. This guide from TALC can help you determine whether and where a self-service display of tobacco products is permitted.
10 Ways to Limit Tobacco
This comprehensive yet easy-to-use brochure describes 10 legal policy options for local governments to limit tobacco use, sales, and marketing in their communities. Retailer licensing, sponsorship bans, private enforcement, and other laws and ordinances are outlined. Includes a colorful 17" x 11" poster illustrating a tobacco-free city, which acts as a quick guide to policies and laws applicable to different community settings.
Junk food advertising on school campuses can undermine schools’ work to promote health and wellness among students. NPLAN has developed a