from congress to california communities: the … · from congress to california communities: the...
TRANSCRIPT
From Congress to California Communities: The Federal Tobacco Control Act
March 2012
Agenda The Tobacco Control Act: what it regulates, how it’s being enforced Ann Simoneau, Center for Tobacco Products, FDA
Agenda The Tobacco Control Act: what it regulates, how it’s being enforced Ann Simoneau, Center for Tobacco Products, FDA
Legal challenges to the Act Elisa Laird-Metke, PHLP
Agenda The Tobacco Control Act: what it regulates, how it’s being enforced Ann Simoneau, Center for Tobacco Products, FDA
Legal challenges to the Act Elisa Laird-Metke, PHLP
Creating new local laws Vanessa Marvin, The Center
Agenda The Tobacco Control Act: what it regulates, how it’s being enforced Ann Simoneau, Center for Tobacco Products, FDA
Legal challenges to the Act Elisa Laird-Metke, PHLP
Creating new local laws Vanessa Marvin, The Center
Anne Pearson, Seattle-King County
Agenda The Tobacco Control Act: what it regulates, how it’s being enforced Ann Simoneau, Center for Tobacco Products, FDA
Legal challenges to the Act Elisa Laird-Metke, PHLP
Creating new local laws Vanessa Marvin, The Center
Anne Pearson, Seattle-King County
Janie Burkhart, Santa Clara County
Presenters
Leslie Zellers Director of Programs Public Health Law & Policy
Ann Simoneau Director
Office of Compliance and Enforcement Center for Tobacco Products
U.S. Food and Drug Administration
Presenters
Vanessa Marvin Director
Center for Tobacco Policy and Organizing
Elisa Laird-Metke Staff Attorney Public Health Law & Policy
Presenters
Anne Pearson Policy Advisor Seattle – King County Department of Public Health
Janie Burkhart Tobacco Programs Manager
Santa Clara County Public Health Chronic Disease and Injury Prevention
Tobacco Control Act: Regulation and Enforcement
Speaking: Ann Simoneau, Director Office of Compliance and Enforcement Center for Tobacco Products U.S. Food and Drug Administration
Tobacco Control Act: Legal Challenges
Elisa Laird-Metke Staff Attorney
Public Health Law & Policy
1. Marketing • Sampling • Sponsorship • Black and white ads
FDA Authority
1. Marketing • Sampling • Sponsorship • Black and white ads
2. Youth access • No sales to minors • Vending machine restrictions • No self service displays
FDA Authority
3. Tobacco product standards • No flavored cigarettes • Ingredient lists provided to FDA • FDA review of new/modified products
FDA Authority
3. Tobacco product standards • No flavored cigarettes • Ingredient lists provided to FDA • FDA review of new/modified products
4. More accurate information for consumers • New warning labels • No “light” “low” “mild”
FDA Authority
FDA Authority Covered:
Not Covered:
FDA Authority Covered:
Not Covered:
FDA may create additional regulations
FDA Authority
FDA may create additional regulations Example: Created graphic warning labels
FDA Authority
Two lawsuits challenge federal restrictions:
Legal Challenges
Two lawsuits challenge federal restrictions: 1. Challenge to 11 provisions of the Tobacco
Control Act
Legal Challenges
Two lawsuits challenge federal restrictions: 1. Challenge to 11 provisions of the Tobacco
Control Act
2. Challenge to the FDA’s regulation specifying what the new graphic warning labels look like
Legal Challenges
First Lawsuit challenges 11 provisions of the Act: 1. Tombstone advertising requirements
Legal Challenges
First Lawsuit challenges 11 provisions of the Act: 1. Tombstone advertising requirements 2. Ban on saying tobacco is “approved by the FDA”
Legal Challenges
First Lawsuit challenges 11 provisions of the Act: 1. Tombstone advertising requirements 2. Ban on saying tobacco is “approved by the FDA”
3. Ban on outdoor advertising (not yet enacted)
Legal Challenges
First Lawsuit challenges 11 provisions of the Act: 1. Tombstone advertising requirements 2. Ban on saying tobacco is “approved by the FDA”
3. Ban on outdoor advertising (not yet enacted)
4. New package warning labels (requirement and size)
Legal Challenges
First Lawsuit challenges 11 provisions of the Act: 1. Tombstone advertising requirements 2. Ban on saying tobacco is “approved by the FDA”
3. Ban on outdoor advertising (not yet enacted)
4. New package warning labels (requirement and size)
5. Restrictions on sponsorship
Legal Challenges
First Lawsuit challenges 11 provisions of the Act: 1. Tombstone advertising requirements 2. Ban on saying tobacco is “approved by the FDA”
3. Ban on outdoor advertising (not yet enacted)
4. New package warning labels (requirement and size)
5. Restrictions on sponsorship 6. Restrictions on sampling
Legal Challenges
First Lawsuit challenges 11 provisions of the Act: 7. Ban on brand name merchandise
Legal Challenges
First Lawsuit challenges 11 provisions of the Act: 7. Ban on brand name merchandise 8. Ban on promotional items with purchase
Legal Challenges
First Lawsuit challenges 11 provisions of the Act: 7. Ban on brand name merchandise 8. Ban on promotional items with purchase 9. Ban on marketing tobacco with other
products regulated by the FDA
Legal Challenges
First Lawsuit challenges 11 provisions of the Act: 7. Ban on brand name merchandise 8. Ban on promotional items with purchase 9. Ban on marketing tobacco with other
products regulated by the FDA 10. “Reduced harm” claims about certain
products
Legal Challenges
First Lawsuit challenges 11 provisions of the Act: 7. Ban on brand name merchandise 8. Ban on promotional items with purchase 9. Ban on marketing tobacco with other
products regulated by the FDA 10. “Reduced harm” claims about certain
products 11. Right to create further restrictions on
advertising and promotions
Legal Challenges
The court struck down just TWO provisions:
Legal Challenges
The court struck down just TWO provisions: • Tombstone advertising requirements
Legal Challenges
The court struck down just TWO provisions: • Tombstone advertising requirements • Ban on saying tobacco is “approved by the FDA”
Legal Challenges
The court struck down just TWO provisions: • Tombstone advertising requirements • Ban on saying tobacco is “approved by the FDA”
Also not currently enforced (for other reasons):
Legal Challenges
The court struck down just TWO provisions: • Tombstone advertising requirements • Ban on saying tobacco is “approved by the FDA”
Also not currently enforced (for other reasons): • Ban on outdoor advertising
Legal Challenges
The court struck down just TWO provisions: • Tombstone advertising requirements • Ban on saying tobacco is “approved by the FDA”
Also not currently enforced (for other reasons): • Ban on outdoor advertising • New package warning labels
Legal Challenges
2. Challenge to the FDA’s regulation specifying what the new graphic warning labels look like
Legal Challenges
Implications for communities right now:
Legal Challenges
Implications for communities right now:
• It is still legal to pursue local policies in any of the challenged areas—there is no impact on California unless the Supreme Court makes a ruling in the case
Legal Challenges
Implications for communities right now:
• It is still legal to pursue local policies in any of the challenged areas—there is no impact on California unless the Supreme Court makes a ruling in the case
• If the Supreme Court ultimately rules any federal tobacco restriction unconstitutional, similar local laws would become unenforceable
Legal Challenges
Local Ordinances: Filling in the Gaps
Vanessa Marvin
Center for Tobacco Policy & Organizing American Lung Association in California
No new significant retailers
No sales near schools
No sales in pharmacies
Density restrictions
Penalties for violations of drug paraphernalia
No sales of little cigars and cigarillos Ban on flavored
tobacco
No sampling
Penalties for signage violations
No license for bars and restaurants
No sales of look alike products
Penalties for age‐specific law violations
TOBACCO RETAILER LICENSING PLUG‐INS
No new significant retailers
No sales near schools
No sales in pharmacies
Density restrictions
Penalties for violations of drug paraphernalia
No sales of little cigars and cigarillos Ban on flavored
tobacco
No sampling
Penalties for signage violations
No license for bars and restaurants
TOBACCO RETAILER LICENSING PLUG‐INS
WITH MODEL ORDINANCE LANGUAGE
No sales of look alike products
Penalties for age‐specific law violations
No new significant retailers
No sales near schools
No sales in pharmacies
Density restrictions
Penalties for violations of drug paraphernalia
No sales of little cigars and cigarillos Ban on flavored
tobacco
No sampling
Penalties for signage violations
No license for bars and restaurants
TOBACCO RETAILER LICENSING PLUG‐INS
No sales of look alike products
Penalties for age‐specific law violations
COVERED IN NOVEMBER WEBINAR
No new significant retailers
No sales near schools
No sales in pharmacies
Density restrictions
Penalties for violations of drug paraphernalia
No sales of little cigars and cigarillos Ban on flavored
tobacco
No sampling
Penalties for signage violations
No license for bars and restaurants
TOBACCO RETAILER LICENSING PLUG‐INS
No sales of look alike products
Penalties for age‐specific law violations
COVERED ON TODAY’S WEBINAR
FDA implemented a ban on flavored
cigarettes… (went into effect
September 22, 2009)
www.trinketsandtrash.org
FDA implemented a ban on flavored
cigarettes… (went into effect
September 22, 2009)
www.trinketsandtrash.org
…but not on flavored tobacco products
TWO LOCAL BANS ON FLAVORED TOBACCO PRODUCTS
Santa Clara County New York City
New York City
New York City
Anne Pearson, JD, MA Policy Advisor Public Health ‐ Seattle & King County 401 5th Avenue, Suite 900 Seattle, WA 98104 (206) 263‐9411 [email protected]
Santa Clara County New York City
TWO LOCAL BANS ON FLAVORED TOBACCO PRODUCTS
Santa Clara County
Santa Clara County
Janie Burkhart, MPH Tobacco Programs Manager Santa Clara County Public Health Chronic Disease and Injury Prevention 1400 Parkmoor Ave. Suite 120B San Jose, CA 95126 (408) 793‐2736 (408) 793‐2731 [email protected]
The Fine Print
The information provided in this seminar is for informational purposes only, and does not constitute legal advice. Public Health Law & Policy does not enter into attorney‐client relationships. The primary purpose of this training is to address legal and policy options to improve public health. There is no intent to reflect a view on specific legislation. PHLP incorporates objective non‐partisan analysis, study, and research in all our work.
This material cannot be copied or reproduced without permission. © 2012
Vanessa Marvin American Lung Association in California
(916) 554‐5864 www.Center4TobaccoPolicy.org
Elisa Laird‐Metke Public Health Law & Policy
www.phlpnet.org/tobaccoquestions
FDA Enforcement Questions [email protected]