Tobacco Sampling Ordinance: CHECKLIST
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 (download below) 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 Model Sampling Ordinance.
| Downloads | Size |
|---|---|
| Sampling Ordinance: CHECKLIST (PDF, Updated 10/09) | 986.96 KB |
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- Tobacco Laws Affecting California
- Fact Sheet: What Tobacco Products Are Covered by the 2009 FDA Law?
- Model Ordinance: Tobacco Sampling
- Fact Sheet: Getting Your Voice Heard - Commenting on Federal Regulations
- ANRF List of Communities with Licensing and Self-Service Display Ordinances
- Regulating Tobacco Marketing
- Model Fraternity/Sorority Policies Prohibiting Tobacco Sponsorship
- Legal Categories:
- First Amendment :
- Commercial speech
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