What are the laws regulating tobacco?

The laws vary from county to state to nation and are not easily codified. The major areas of legislation primarily focused on attempts to regulate the distribution of tobacco.

These laws included sales tax, advertising limits, age limits, and smoking bans in public places. Additionally, legislations focused on warning the public about the health risks of smoking by including warning labels and content descriptions.

Finally, many laws have occurred as a result of lawsuits against the tobacco companies and not through legislation. Most laws are state laws, particularly those regarding sales tax. The general trend over the years has been to raise the sales tax on cigarettes both to make the product less desirable but also to support state healthcare funding. The taxes vary from state to state just as all sales taxes. Regionally, taxes tend to be lower in the South, the Midwest, and in parts of the Western interior.

In 1967, the Federal Communication Commission (FCC) required that all tobacco advertising on television be counterbalanced with ads warning of the health risks associated with smoking. In 1970 Congress passed The Public Health Cigarette Smoking Act, which banned all cigarette advertising on television and radio beginning on January 2, 1971.

Smokeless forms of tobacco continued to be advertised on television and radio until 1986 when they were banned as well. In 2003, tobacco companies and magazine publications voluntarily agreed to eliminate tobacco advertisements from school editions of four prominent news magazines: Time, Newsweek, People, and Sports Illustrated.

This came on the heels of huge class-action lawsuits against tobacco companies and was not the result of legislative acts. On the international level, The World Health Organization (WHO) Framework Convention on Tobacco Control was adopted in 2003 and enacted in 2005. To date, the United States Congress has not signed the treaty.