Take It Back NC

Tobacco Control Act Ushers in a New Era of FDA Control Over Tobacco Marketing

By Corliss Allen

In 2009, President Obama signed into law the Tobacco Control Act, which gives the U.S. Food and Drug Administration (FDA) the power to regulate the manufacturing, marketing and sale of tobacco. This act marks the first time in history that public health restrictions by the federal government have been placed on tobacco products.

The new law took effect on June 22, 2010, and provided several key provisions to be effective immediately including:

Prohibiting the labeling or advertising of tobacco products with the descriptors “light,” “low” or “mild” for sale or distribution,
Prohibiting sales to children under 18 with strict federal enforcement and penalties,
Requiring cigarettes and smokeless tobacco to be sold behind counters, out of reach of children, and restricting tobacco vending machines and self service displays to adult only facilities
Banning free samples of tobacco products and giveaways of non-tobacco items with the purchase of tobacco.

The remaining FDA tobacco regulations will be phased in over an extended period of time. These regulations will not only save many lives and help smokers quit, but will also prevent kids from smoking.

According to the Centers for Disease Control and Prevention (CDC), an estimated 20% of U.S. high school students smoke cigarettes. Each day in the United States, approximately 3,900 young people between 12 and 17 years of age smoke their first cigarette. Additionally, an estimated 1,000 youth become daily cigarette smokers in the U.S. each day. The Tobacco Control Act puts restrictions on the sale, promotion and distribution of tobacco products which will limit the access to and appeal of tobacco products to youth.

The CDC will use the Tobacco Control Act to further propel its continuous commitment towards preventing tobacco use among youth and decreasing tobacco consumption among adults. It is the recommendation of the CDC that a comprehensive broadbased approach be used in approaching the reduction of tobacco use.