From Congress to California Communities: The Federal Tobacco Control Act March 2012
Agenda The Tobacco Control Act: what it regulates, how it s being enforced Ann Simoneau, Center for Tobacco Products, FDA
Agenda The Tobacco Control Act: what it regulates, how it s being enforced Ann Simoneau, Center for Tobacco Products, FDA Legal challenges to the Act Elisa Laird-Metke, PHLP
Agenda The Tobacco Control Act: what it regulates, how it s being enforced Ann Simoneau, Center for Tobacco Products, FDA Legal challenges to the Act Elisa Laird-Metke, PHLP Creating new local laws Vanessa Marvin, The Center
Agenda The Tobacco Control Act: what it regulates, how it s being enforced Ann Simoneau, Center for Tobacco Products, FDA Legal challenges to the Act Elisa Laird-Metke, PHLP Creating new local laws Vanessa Marvin, The Center Anne Pearson, Seattle-King County
Agenda The Tobacco Control Act: what it regulates, how it s being enforced Ann Simoneau, Center for Tobacco Products, FDA Legal challenges to the Act Elisa Laird-Metke, PHLP Creating new local laws Vanessa Marvin, The Center Anne Pearson, Seattle-King County Janie Burkhart, Santa Clara County
Presenters Ann Simoneau Director Office of Compliance and Enforcement Center for Tobacco Products U.S. Food and Drug Administration Leslie Zellers Director of Programs Public Health Law & Policy
Presenters Elisa Laird-Metke Staff Attorney Public Health Law & Policy Vanessa Marvin Director Center for Tobacco Policy and Organizing
Presenters Anne Pearson Policy Advisor Seattle King County Department of Public Health Janie Burkhart Tobacco Programs Manager Santa Clara County Public Health Chronic Disease and Injury Prevention
Tobacco Control Act: Regulation and Enforcement Speaking: Ann Simoneau, Director Office of Compliance and Enforcement Center for Tobacco Products U.S. Food and Drug Administration
Tobacco Control Act: Legal Challenges Elisa Laird-Metke Staff Attorney Public Health Law & Policy
FDA Authority 1. Marketing Sampling Sponsorship Black and white ads
FDA Authority 1. Marketing Sampling Sponsorship Black and white ads 2. Youth access No sales to minors Vending machine restrictions No self service displays
FDA Authority 3. Tobacco product standards No flavored cigarettes Ingredient lists provided to FDA FDA review of new/modified products
FDA Authority 3. Tobacco product standards No flavored cigarettes Ingredient lists provided to FDA FDA review of new/modified products 4. More accurate information for consumers New warning labels No light low mild
FDA Authority Covered: Not Covered:
FDA Authority Covered: Not Covered:
FDA Authority FDA may create additional regulations
FDA Authority FDA may create additional regulations Example: Created graphic warning labels
Legal Challenges Two lawsuits challenge federal restrictions:
Legal Challenges Two lawsuits challenge federal restrictions: 1. Challenge to 11 provisions of the Tobacco Control Act
Legal Challenges Two lawsuits challenge federal restrictions: 1. Challenge to 11 provisions of the Tobacco Control Act 2. Challenge to the FDA s regulation specifying what the new graphic warning labels look like
Legal Challenges First Lawsuit challenges 11 provisions of the Act: 1. Tombstone advertising requirements
Legal Challenges First Lawsuit challenges 11 provisions of the Act: 1. Tombstone advertising requirements 2. Ban on saying tobacco is approved by the FDA
Legal Challenges First Lawsuit challenges 11 provisions of the Act: 1. Tombstone advertising requirements 2. Ban on saying tobacco is approved by the FDA 3. Ban on outdoor advertising (not yet enacted)
Legal Challenges First Lawsuit challenges 11 provisions of the Act: 1. Tombstone advertising requirements 2. Ban on saying tobacco is approved by the FDA 3. Ban on outdoor advertising (not yet enacted) 4. New package warning labels (requirement and size)
Legal Challenges First Lawsuit challenges 11 provisions of the Act: 1. Tombstone advertising requirements 2. Ban on saying tobacco is approved by the FDA 3. Ban on outdoor advertising (not yet enacted) 4. New package warning labels (requirement and size) 5. Restrictions on sponsorship
Legal Challenges First Lawsuit challenges 11 provisions of the Act: 1. Tombstone advertising requirements 2. Ban on saying tobacco is approved by the FDA 3. Ban on outdoor advertising (not yet enacted) 4. New package warning labels (requirement and size) 5. Restrictions on sponsorship 6. Restrictions on sampling
Legal Challenges First Lawsuit challenges 11 provisions of the Act: 7. Ban on brand name merchandise
Legal Challenges First Lawsuit challenges 11 provisions of the Act: 7. Ban on brand name merchandise 8. Ban on promotional items with purchase
Legal Challenges First Lawsuit challenges 11 provisions of the Act: 7. Ban on brand name merchandise 8. Ban on promotional items with purchase 9. Ban on marketing tobacco with other products regulated by the FDA
Legal Challenges First Lawsuit challenges 11 provisions of the Act: 7. Ban on brand name merchandise 8. Ban on promotional items with purchase 9. Ban on marketing tobacco with other products regulated by the FDA 10. Reduced harm claims about certain products
Legal Challenges First Lawsuit challenges 11 provisions of the Act: 7. Ban on brand name merchandise 8. Ban on promotional items with purchase 9. Ban on marketing tobacco with other products regulated by the FDA 10. Reduced harm claims about certain products 11. Right to create further restrictions on advertising and promotions
Legal Challenges The court struck down just TWO provisions:
Legal Challenges The court struck down just TWO provisions: Tombstone advertising requirements
Legal Challenges The court struck down just TWO provisions: Tombstone advertising requirements Ban on saying tobacco is approved by the FDA
Legal Challenges The court struck down just TWO provisions: Tombstone advertising requirements Ban on saying tobacco is approved by the FDA Also not currently enforced (for other reasons):
Legal Challenges The court struck down just TWO provisions: Tombstone advertising requirements Ban on saying tobacco is approved by the FDA Also not currently enforced (for other reasons): Ban on outdoor advertising
Legal Challenges The court struck down just TWO provisions: Tombstone advertising requirements Ban on saying tobacco is approved by the FDA Also not currently enforced (for other reasons): Ban on outdoor advertising New package warning labels
Legal Challenges 2. Challenge to the FDA s regulation specifying what the new graphic warning labels look like
Legal Challenges Implications for communities right now:
Legal Challenges Implications for communities right now: It is still legal to pursue local policies in any of the challenged areas there is no impact on California unless the Supreme Court makes a ruling in the case
Legal Challenges Implications for communities right now: It is still legal to pursue local policies in any of the challenged areas there is no impact on California unless the Supreme Court makes a ruling in the case If the Supreme Court ultimately rules any federal tobacco restriction unconstitutional, similar local laws would become unenforceable
Local Ordinances: Filling in the Gaps Vanessa Marvin Center for Tobacco Policy & Organizing American Lung Association in California
No new significant retailers No sales near schools No sales of look alike products No sales in pharmacies Density restrictions Penalties for violations of drug paraphernalia TOBACCO RETAILER LICENSING PLUG INS No sampling No sales of little cigars and cigarillos No license for bars and restaurants Penalties for signage violations Ban on flavored tobacco Penalties for age specific law violations
No new significant retailers No sales near schools No sales of look alike products No sales in pharmacies Density restrictions Penalties for violations of drug paraphernalia TOBACCO RETAILER LICENSING PLUG INS WITH MODEL ORDINANCE LANGUAGE No sampling No sales of little cigars and cigarillos No license for bars and restaurants Penalties for signage violations Ban on flavored tobacco Penalties for age specific law violations
No new significant retailers No sales near schools No sales of look alike products No sales in pharmacies Density restrictions Penalties for violations of drug paraphernalia TOBACCO RETAILER LICENSING PLUG INS COVERED IN NOVEMBER WEBINAR No sampling No sales of little cigars and cigarillos No license for bars and restaurants Penalties for signage violations Ban on flavored tobacco Penalties for age specific law violations
No new significant retailers No sales near schools No sales of look alike products No sales in pharmacies Density restrictions Penalties for violations of drug paraphernalia TOBACCO RETAILER LICENSING PLUG INS COVERED ON TODAY S WEBINAR No sampling No sales of little cigars and cigarillos No license for bars and restaurants Penalties for signage violations Ban on flavored tobacco Penalties for age specific law violations
FDA implemented a ban on flavored cigarettes (went into effect September 22, 2009) www.trinketsandtrash.org
www.trinketsandtrash.org FDA implemented a ban on flavored cigarettes (went into effect September 22, 2009) but not on flavored tobacco products
TWO LOCAL BANS ON FLAVORED TOBACCO PRODUCTS Santa Clara County New York City
New York City
Anne Pearson, JD, MA Policy Advisor Public Health Seattle & King County 401 5th Avenue, Suite 900 Seattle, WA 98104 (206) 263 9411 anne.pearson@kingcounty.gov New York City
TWO LOCAL BANS ON FLAVORED TOBACCO PRODUCTS Santa Clara County New York City
Santa Clara County
Santa Clara County Janie Burkhart, MPH Tobacco Programs Manager Santa Clara County Public Health Chronic Disease and Injury Prevention 1400 Parkmoor Ave. Suite 120B San Jose, CA 95126 (408) 793 2736 (408) 793 2731 janie.burkhart@phd.sccgov.org
The Fine Print The information provided in this seminar is for informational purposes only, and does not constitute legal advice. Public Health Law & Policy does not enter into attorney client relationships. The primary purpose of this training is to address legal and policy options to improve public health. There is no intent to reflect a view on specific legislation. PHLP incorporates objective non partisan analysis, study, and research in all our work.
Elisa Laird Metke Public Health Law & Policy www.phlpnet.org/tobaccoquestions Vanessa Marvin American Lung Association in California (916) 554 5864 www.center4tobaccopolicy.org FDA Enforcement Questions AskCTP@fda.hhs.gov This material cannot be copied or reproduced without permission. 2012