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 checklist can help you community select from a range of policy choices when designing a local ordinance regulating product sampling.

You can also download TALC's model Sampling Ordinance.