Legal analysis of approaches to state and local regulation of tobacco advertising and sales in the US

Abstract

This analysis was prepared by the law firm Sidley & Austin, Chicago, Illinois, USA, at the request of the American Medical Association. Introduction State and local governments are increasingly regulating cigarette and tobacco use. They are issuing rules, for example, that restrict smok ing in the workplace and in public buildings. The American Medical Association believes that state and local governments should be encouraged to become even more active in policing the promotion and sale of tobacco products. This memorandum therefore re views some of the options available to these governments to restrict advertising and dis tribution of cigarettes, cigars, and loose to bacco. In brief, the memorandum concludes that state and local governments have great latitude to restrict the sale of tobacco products. State and local governments also have significant authority to regulate the advertising and pro motion of cigars and loose tobacco. These governments may also regulate the advertising and promotion of cigarettes in certain ways although any regulation must be carefully crafted to avoid conflict with federal law. Part I of this memorandum discusses legis lation that state and local governments may enact to limit the sale and distribution of tobacco products. Part II explains how state and local governments may regulate the ad vertising and promotion of such products to the extent permitted by federal law.