Table 2.
FSPTCA Provisions That Affect Tobacco Product Marketing and Sales to Minorsa
| Law restricts tobacco product advertising and marketing to youth:b |
| Limits color and design of packaging and advertisements, including audiovisual advertisementsc |
| Prohibits the sponsorship of athletic and entertainment events using tobacco brand names or logos |
| Bans the distribution of free samples of cigarettes, and restricts the distribution of free samples of smokeless tobacco products |
| Bans the distribution of free items that have tobacco brand names or logos |
| Law restricts tobacco sales to youth: |
| Requires proof of age to purchase tobacco products (federal minimum age is 18) |
| Requires face-to-face sales, with particular exemptions for vending machines and self-service displays in adult-only facilities |
| Bans the sale of packages with fewer than 20 cigarettes |
| FDA implementation authority relevant to marketing and minor access restrictions: |
| New tobacco products introduced will undergo “premarket review” unless they are exempted under FSPTCA. The review will take into consideration the health risks of the tobacco product, labeling, and manufacturing |
| FDA will convene an expert panel to examine the public health implications of raising the minimum age to purchase tobacco products |
Note. FSPTCA = Family Smoking Prevention and Tobacco Control Act.
bLaw required that FDA reissue its 1996 final regulations aimed at restricting the sale and distribution of tobacco products.
cImplementation uncertain due to pending litigation.