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In addition to granting the FDA power to establish tobacco product standards, the Family Smoking Prevention and Tobacco Control Act of 2009 gives the agency wide-ranging authority to regulate tobacco product marketing and advertising. The Act leaves state and local governments free to restrict the sale, distribution, and possession of tobacco products.
The Tobacco Control Legal Consortium, a collaborative network of legal centers, has prepared this summary of guidelines and drafting tips to help governments identify strategies for regulating tobacco retailers and potential ways these strategies might be limited by federal law.