Tobacco Control Act’s Impact on State And Local Authority
by Stacy L. Ehrlich and Reena P. Raman
The Family Smoking Prevention and Tobacco Control Act (FSPTCA) gives the Food and Drug Administration (FDA) broad authority to regulate the manufacture, marketing and sale of both current and new tobacco products. The FSPTCA includes provisions that:
• Restrict the advertising and marketing of tobacco products;
— Strengthen warning labels on cigarettes and smokeless tobacco products;
— Require tobacco manufacturers to report the ingredients of tobacco products to FDA;
— Prohibit terms such as “light,” “mild” and “low tar;” and
— Require manufacturers to submit documents to FDA relating to the health effects of marketed tobacco products.
With such broad authority vested in FDA, this leaves open the question of what role state and local governments may continue to play in the regulation of tobacco products.
Complete article at http://www.kkblaw.com/publications/Ehrlich_Raman.pdf
