1. Overview of Laws - Chart (don't have yet)
2. Food and Drug Administration (FDA)
   1. General
   2. Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents
      1. Introduction
      2. Relationship Between Regulation and State Laws
      3. Analysis of Economic Impact
   3. Reporting violations
3. Federal Trade Commission (FTC) - Comprehensive Smokeless Tobacco Health Education Act of 1986
   1. Public education
   2. Smokeless tobacco warning
   3. Ingredient reporting
   4. Enforcement
   5. Preemption
   6. Reporting violations
4. Tobacco taxes - federal (nothing here yet)
5. Tobacco Price Support Program

Food and Drug Administration (FDA)
General
In 1996, the federal government determined that nicotine is a drug and that cigarettes and smokeless tobacco are drug delivery systems. It also issued regulations to curb youth tobacco use. On March 21, 2000, the U.S. Supreme Court ruled that FDA lacks the authority to regulate tobacco. In light of this ruling the agency will no longer be enforcing this regulation.

Regulations Restricting the Sale and Distribution Of Cigarettes and Smokeless Tobacco To Protect Children and Adolescents

Introduction
With the August 1996 publication of a final rule on tobacco in the Federal Register, the Food and Drug Administration (FDA) will regulate the sale and distribution of cigarettes and smokeless tobacco to children and adolescents. The action results from the agency's assertion of jurisdiction over tobacco products. This was based on an intensive FDA investigation of the tobacco industry, tobacco use and its health consequences. The rule will prohibit the sale of cigarettes and smokeless tobacco to those under 18 while leaving them on the market for adults.

Specifically, the rule makes the sale of cigarettes and smokeless tobacco to children and adolescents, anyone younger than 18 years of age, a federal violation. In addition, the rule requires manufacturers, distributors, and retailers to comply with certain conditions regarding the sale, distribution and promotion of tobacco products. It prohibits all free samples and limits retail sales in most circumstances to face-to-face transactions. As a result, vending machines and self-service displays are prohibited, except in facilities where the retailer or operator ensures that no person younger than 18 is present or is permitted to enter at any time.

The rule limits advertising generally to a black-and-white, text-only format to ensure that advertising is not used to create demand for these products among young people and thus undermine the restrictions on access. Billboards and other outdoor advertising are prohibited within 1,000 feet of schools and public playgrounds. The sale and distribution of non-tobacco items, such as hats and tee shirts that carry cigarette logos, such as Joe Camel, are prohibited, and sponsorship of sporting and other events is limited to the corporate name only.

Relationship Between Regulations And State Laws
Under section 521(a) of the act, state and local requirements pertaining to the sale and distribution of cigarettes and smokeless tobacco that are different from, or in addition to, the federal requirements, are preempted. Most of the state and local laws that would be affected are weaker, for example, state vending machine restrictions. State and local laws unrelated to the rule, such as restrictions on smoking in restaurants, will not be affected. Under section 521(b), state and local governments can submit applications for exemptions from preemption, and FDA is prepared to consider any such applications it receives in an expeditious manner.

Analysis of Economic Impact
In financial terms, the rule is expected to produce significant health-related benefits, ranging between $28 billion to $43 billion each year. FDA estimates that the rule will impose one-time costs of between $174 and $187 million, and recurring annual operating costs of between $149 and $185 million. The agency calculated the economic benefits by estimating how many adolescents would not start smoking because of this rule, and then,

Using existing risk data, predicted how much sickness and death from tobacco products would be prevented. The calculations estimating the cost of implementing the rule were based on comments and several extensive economic reports from the affected industries predicting the rule's impact.

Reporting violations
Call 1-888-FDA-4KIDS

Federal Trade Commission (FTC)
Comprehensive Smokeless Tobacco Health Education Act of 1986

Sec. 4401. Public education

• (a) Development
• (1) The Secretary of Health and Human Services shall establish and carry out a program to inform the public of any dangers to human health resulting from the use of smokeless tobacco products. In carrying out such program the Secretary shall -
• (A) develop educational programs and materials and public service announcements respecting the dangers to human health from the use of smokeless tobacco;
• (B) make such programs, materials, and announcements available to States, local governments, school systems, the media, and such other entities as the Secretary determines appropriate to further the purposes of this chapter;
• (C) conduct and support research on the effect of smokeless tobacco on human health; and
• (D) collect, analyze, and disseminate information and studies on smokeless tobacco and health.
• (2) In developing programs, materials, and announcements under paragraph (1) the Secretary shall consult with the Secretary of Education, medical and public health entities, consumer groups, representatives of manufacturers of smokeless tobacco products, and other appropriate entities.

Sec. 4402. Smokeless tobacco warning

• (a) General rule
• (1) It shall be unlawful for any person to manufacture, package, or import for sale or distribution within the United States any smokeless tobacco product unless the product package bears, in accordance with the requirements of this chapter, one of the following labels:
  ''WARNING: THIS PRODUCT MAY CAUSE MOUTH CANCER"
  ''WARNING: THIS PRODUCT MAY CAUSE GUM DISEASE AND TOOTH LOSS"
  ''WARNING: THIS PRODUCT IS NOT A SAFE ALTERNATIVE TO CIGARETTES''.
• (2) It shall be unlawful for any manufacturer, packager, or importer of smokeless tobacco products to advertise or cause to be advertised (other than through the use of outdoor billboard advertising) within the United States any smokeless tobacco product unless the advertising bears, in accordance with the requirements of this chapter, one of the labels required by paragraph (1).

Sec. 4403. Ingredient reporting

• (a) In general
• (1) Each person who manufactures, packages, or imports smokeless tobacco products shall annually provide the Secretary with -
• (A) a list of the ingredients added to tobacco in the manufacture of smokeless tobacco products which does not identify the company which uses the ingredients or the brand of smokeless tobacco which contains the ingredients; and (B) a specification of the quantity of nicotine contained in each such product.
• (2) A person or group of persons required to provide information by this subsection may designate an individual or entity to provide the information required by this subsection.

Sec. 4404. Enforcement

• (a) Enforcement
• (1) A violation of section 4402 of this title or the regulations promulgated pursuant to this chapter shall be considered a violation of section 45 of this title.
• (2) Any person who is found to violate any provision of section 4402 or 4403(a) of this title shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than $10,000.

Sec. 4406. Preemption

• (a) Federal action No statement relating to the use of smokeless tobacco products and health, other than the statements required by section 4402 of this title, shall be required by any Federal agency to appear on any package or in any advertisement (unless the advertisement is an outdoor billboard advertisement) of a smokeless tobacco product.
• (b) State and local action No statement relating to the use of smokeless tobacco products and health, other than the statements required by section 4402 of this title, shall be required by any State or local statute or regulation to be included on any package or in any
• advertisement (unless the advertisement is an outdoor billboard advertisement) of a smokeless tobacco product.

Reporting Violations
You can file a complaint with the FTC by contacting the Consumer Response Center by phone: toll-free 1-877-FTC-HELP (382-4357); TDD: 202-326-2502; by mail: Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Ave, NW, Washington, DC 20580; or through the Internet, using the online complaint form. Although the Commission cannot resolve individual problems for consumers, it can act against a company if it sees a pattern of possible law violations.

Tobacco Taxes - Federal

Tobacco Price Support Program
Tobacco farmers and tobacco farming communities are at severe economic risk as comprehensive tobacco-control policies take effect. Most Americans consider the tobacco farmer to be as much an economic victim as a participant in the manufacture of tobacco products and support government efforts to help tobacco farmers find other means of making a living.

National Settlement (description needed?) The proposal contains no provisions helping farmers.

Clinton Plan
The president has pledged to work with Congress "to ensure that we protect the financial well-being of tobacco farmers, their families and their communities."

ALA Position
The American Lung Association believes that tobacco farmers and their communities should be given viable economic opportunities and options for reducing or eliminating their dependence on tobacco crops.

To this end, the Lung Association supports the following recommendations of the Koop/Kessler Advisory Committee on Tobacco Policy and Public Health:

A blue-ribbon panel should be established to review the growing, production and marketing of tobacco, both domestically and abroad, in order to make short- and long-term recommendations for reshaping the agricultural systems and structures in tobacco growing states.

An economic assistance and development fund should be established (funded by the tobacco industry) to assist tobacco farmers and their communities in developing alternatives to tobacco growing.

Economic conversion funds also should be provided to assist tobacco manufacturing workers and related non-farm workers.

Federal funding for tobacco price support programs should be eliminated.

Links
American Lung Association National Advocacy Activities:
www.lungusa.org/advocacy/

American Lung Association National Advocacy Press Releases:
http://www.lungusa.org/press/press
_advocacy_index.html