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, creates new restrictions on this practice (known as “sampling”) but does not eliminate it completely.

This fact sheet explains what types of sampling the federal law will prevent and where, outlining what communities can do to further restrict free tobacco giveaways. You can also download an updated version of our model California ordinance that allows cities and counties to completely ban all tobacco sampling, and a checklist highlighting key policy options available in the ordinance. 

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

• 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
• The New FDA Law: A Green Light for Tobacco Control? TALC and The Center jointly hosted a webinar providing guidance for communities about whether various potential new policies pose any legal concerns. Webinar recording and associated handouts are  available for download
• 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