News

New Federal Restrictions on Tobacco Sales, Marketing Take Effect

Strong State Laws Still Needed to Reduce Tobacco Use

Bismarck, N.D. – Strict new federal requirements on internet, mail-order and retail sales and marketing of tobacco may help limit tax losses and illegal sales of these products here.  However, North Dakota still needs stronger state laws to significantly cut overall tobacco use, according to the Center for Tobacco Prevention and Control Policy.

The new federal restrictions on tobacco include the Prevent All Cigarette Trafficking (PACT) Act, and newly effective provisions of the 2009 law giving the Food and Drug Administration (FDA) authority to regulate tobacco products.  The new FDA law also allows states to regulate the time, place and manner of cigarette advertising and promotions. 

The PACT Act

·         provides the only way for state, tribal and local governments to reduce significantly tobacco tax losses caused by internet sales of cigarettes and spit tobacco, and

·         makes cigarettes, roll-your-own tobacco and spit tobacco nonmailable matter.

New FDA rules

·         Require stores to place tobacco products behind the counter and restrict vending machines and self-service displays to adult-only establishments.

·         Require all smokeless tobacco products carry much larger health warnings covering 30 percent of the package display panels.

·         Provide tough federal enforcement and penalties to retailers who sell illegally to minors.

·         Stop sales of “kiddie packs” of less than 20 cigarettes.

·         End all tobacco-brand sponsorships of sports and entertainment events.

·         End most free tobacco samples and non-tobacco item giveaways with tobacco purchase.

·         End use of terms “light,” “mild” and “low-tar” to describe cigarettes.

Jeanne Prom, executive director of the Center for Tobacco Prevention and Control Policy, said the new federal provisions can help states collect tobacco taxes previously lost through internet sales, and can also reinforce what states do to make tobacco less accessible and desirable.  “Even with the new federal laws, tobacco use in North Dakota is still inexpensive and easy,” Prom said.  “We have one of the lowest tobacco taxes in the nation which makes tobacco much cheaper here.  At the same time, our state law still allows smoking in many of our public and work places.  We cannot expect to see our tobacco use rates drop significantly with cheap cigarettes and lots of places to smoke them.”

The Center for Tobacco Prevention and Control Policy is working with local and state organizations to implement Saving Lives – Saving Money, the state’s five-year plan to significantly reduce tobacco use. The plan calls for a comprehensive state smoke-free law covering all public and work places, and increasing the state’s tobacco tax to $2 per pack.

For more information about the PACT Act and the FDA law, go to www.tobaccofreekids.org/research/factsheets/pdf/0361.pdf    and  www.tobaccofreekids.org/reports/fda/ .

For more information on Saving Lives – Saving Money, see www.tfnd.org .

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