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. This webinar was designed to provide guidance for communities about which policies have the green light for moving forward and which policies should be approached with more caution because of legal concerns. Although the webinar focused primarily on California, it may be helpful to those in other states, as well. You can download the webinar agenda and handouts below. A recording of the webinar is also available.
Note: Two of the policies that were designated as “green light” policies in the webinar—keeping tobacco in opaque containers in stores and banning the sale of flavored tobacco—have been recategorized as “yellow light” policies due to changes in the legal landscape since the fall when this webinar was presented.
You may also be interested in these other TALC products about the FDA:
- Sampling: How Does the FDA Law Affect Local Ordinances in California, a fact sheet about the types of sampling the federal law will prevent and where, outlining what communities can do to further restrict free tobacco giveaways
- What Tobacco Products Are Covered by the 2009 FDA Law?, a fact sheet that provides an overview of which restrictions in the 2009 FDA Law apply to which tobacco products
- Local Policy Strategies and the New FDA Law, a law review essay by TALC staff
- Also be sure to check out TALC’s FAQ page for FDA-related questions and answers
- Tobacco Laws Affecting California, 2010 Supplement, an explanation of the new restrictions imposed by the 2009 FDA Law including any exceptions, enforcement mechanisms, and penalties
- Model Ordinance (and Associated Plug-ins): Tobacco Retailer Licensing
- Fact Sheet: What Tobacco Products Are Covered by the 2009 FDA Law?
- Tobacco Laws Affecting California
- Model Ordinance CHECKLIST: Tobacco Retailer Licensing
- Model Ordinance: Regulating the Location and Operations of Tobacco Retailers
- ANRF List of Communities with Licensing and Self-Service Display Ordinances
- Regulating the Location and Operations of Tobacco Retailers: Checklist
- Policy Provisions for a Tobacco Retailer License Fact Sheet
- Policy Area:
- Tobacco Regulation
