Cigarette v. Cigar Chart

Broken Cigarette

Federal legislators and regulators have previously focused their efforts on cigarettes and smokeless tobacco, leaving cigars largely unregulated. The following chart illustrates lapses in cigar regulation in Family Smoking Prevention and Tobacco Control Act and corollary regulations.

 

FDA Provision/Regulation for Cigarettes and Smokeless Tobacco ProductsFDA Provision/Regulation for Cigars
Directs the Secretary of HHS to issue regulations that require color graphics depicting health consequences of cigarettesNo equivalent provision/regulation
Requires the Secretary of HHS to develop an action plan to enforce restrictions on promotion of cigarettes to youthNo equivalent provision/regulation
Requires the FTC to coordinate with the Secretary of HHS to enforce the advertising provisions of the FTC Act relating to cigarettes and smokeless tobaccoNo equivalent provision/regulation
Preserves local and state authority by allowing the imposition of specific bans or restrictions on the time, place, and manner, but not the content, of the advertising or promotion of any cigarettesNo equivalent provision/regulation
Prohibits the sale of flavored cigarettesNo equivalent provision/regulation
Requires the Secretary of HHS to recommend information on the use of menthol in cigarettes and how it affects youth usageNo equivalent provision/regulation
Requires the Secretary of HHS to promulgate a final rule regulating the sales, use and distribution of cigarettes and smokeless tobacco containing nicotineNo equivalent provision/regulation
Requires bigger, bolder health warnings on cigarette packagesNo equivalent provision/regulation
Amends the Federal Cigarette Labeling and Advertising Act to prohibit any person from manufacturing, packaging, selling, offering to sell, distributing, or importing for sale or distribution within the United States any cigarettes the packages of which fail to bear specified warning labelsNo equivalent provision/regulation
Prohibits the sale of cigarettes or smokeless tobacco to minors; requires verification of age for consumers younger than 26 years of ageNo equivalent provision/regulation
Requires the sale of cigarettes or smokeless tobacco to be the result of direct, face-to-face interactionNo equivalent provision/regulation
Necessitates compliance with minimum packaging requirements for cigarettesNo equivalent provision/regulation
Bans the use of credits, proofs-of-purchase or coupons for the purchase of cigarettes or smokeless tobacco productsNo equivalent provision/regulation
Prohibits the use of nontobacco products’ trade or brand names for cigarettes or smokeless tobaccoNo equivalent provision/regulation
Prohibits the distribution of free smokeless tobacco products at sporting or entertainment eventsNo equivalent provision/regulation
Prohibits the sponsorship or association of cigarettes or smokeless tobacco products with any entertainment or athletic entityNo equivalent provision/regulation
Requires manufacturers, distributors and retailers to notify the FDA of plans to advertise cigarettes or smokeless tobacco products in certain mediumsNo equivalent provision/regulation
Specifies that cigarettes and smokeless tobacco products must be advertised using black text on white backgrounds onlyNo equivalent provision/regulation
Prohibits the use of sound or music in audio and visual advertisements for cigarettes and smokeless tobacco productsNo equivalent provision/regulation

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500 W. Baltimore Street, Baltimore, MD 21201-1786 PHONE: (410) 706-7214 FAX: (410) 706-4045 / TDD: (410) 706-7714

Copyright © 2013, University of Maryland Francis King Carey School of Law. All Rights Reserved