Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco

The FDA issued a final rule containing a broad set of federal requirements designed to significantly curb access to and the appeal of cigarettes and smokeless tobacco products to children and adolescents in the United States. The new rule, Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents, restricts the sale, distribution, and promotion of these products to make them less accessible and less attractive to kids.  The rule became effective on June 22, 2010, and has the force and effect of law. 

New Requirements Relating to Sale and Distribution

• Prohibits the sale of cigarettes or smokeless tobacco to people younger than 18.
• Prohibits the sale of cigarette packages with fewer than 20 cigarettes.
• Prohibits the sale of cigarettes and smokeless tobacco in vending machines, self-service displays, or other impersonal modes of sales, except in very limited situations.
• Prohibits free samples of cigarettes and limits distribution of smokeless tobacco products.

New Requirements Relating to Marketing (Labeling, Advertising, and Promotion)

• Prohibits tobacco brand name sponsorship of any athletic, musical, or other social or cultural event, or any team or entry in those events.
• Prohibits gifts or other items in exchange for buying cigarettes or smokeless tobacco products.
• Requires that audio ads use only words with no music or sound effects.
• Prohibits the sale or distribution of items, such as hats and tee shirts, with tobacco brands or logos.

Learn More About the Rule

• Federal Register: Text of the Rule
• Press Release
• Frequently Asked Questions
• Consumer Factsheet  (PDF)
• Retailer Factsheet (PDF)
• Letter to Retailers
• Request for Comment Related to the Regulation of Outdoor Advertising
• Letter to States Regarding Competitive RFP to Enforce Certain Provisions of the Tobacco Control Act and Implement Regulations
• Competitive Request for Proposal: Tobacco Retail Inspections 
• FDA Awards State Contracts to Enforce Tobacco Control Act
• State Enforcement Contracts Announcement
  
  

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