This booklet 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. The booklet includes information on California state laws and regulations related to tobacco, as well as on certain federal laws and regulations that apply within California. It also summarizes portions of the 1998 Master Settlement Agreement (MSA) between the attorneys general of 46 states (including California) and the major tobacco companies and the 1998 Smokeless Tobacco Master Settlement Agreement (STMSA) between the attorneys general of 45 states (including California) and U.S. Smokeless Tobacco Company.

The information in this booklet includes tobacco-related laws that are effective as of January 1, 2009. This booklet replaces all earlier editions and supplements.

This booklet does not contain information on the numerous local laws in California that regulate tobacco use, sales, or distribution. Many of these local laws are stricter than state or federal law. For example, local governments in California have passed laws to limit exposure to secondhand smoke in both indoor and outdoor areas where smoking is permitted by state law.

Local governments in California also have enacted laws to supplement state laws regarding how tobacco products are sold. For instance, the state tobacco retailer licensing law focuses on protecting state revenue by targeting tax evasion, while numerous communities have local tobacco retailer licensing laws that focus on protecting the public’s health. It is important to review local laws to determine whether a jurisdiction has adopted restrictions to supplement the laws described in this book.