Sales Restrictions

One of the most insidious revelations in the monumental 2006 federal racketeering lawsuit against the tobacco industry, U.S. v. Philip Morris, was the extent to which different tobacco companies at different times over the last fifty years intentionally marketed to children under the age of twenty-one with the express purpose of recruiting “replacement smokers” to ensure the economic future of the industry. 

The targeting of minors, via advertisements and promotions, has been a longstanding strategy of the industry, and the focus of much legislation, regulation, and litigation.  The 1998 Minnesota and Master Tobacco Settlements, and the recent federal legislation regulating tobacco, all restrict marketing, including advertising and sponsorship activities, that targets children.  To date, despite legal and regulatory measures, the tobacco industry continually finds ways to attract children to its products – such as smokeless tobacco products that resemble gumdrops, candy or fruit-flavored products –  via avenues such as online marketing. (See additional information on Firesafe Cigarettes, Flavored Products, and Other Tobacco Products.] 

Another common industry tactic is the false marketing of products, such as “low tar / light” cigarettes, as less harmful than full-flavor cigarettes. Recent rulings in class actions against tobacco companies for misleading customers in “light” or “low yield” cigarette promotions may signal growing judicial impatience with this type of deceptive advertising.

This section covers common tobacco advertising and retail marketing tactics, and related law and policy obstacles and options.

Check out our resources below, in the sidebar, or in our Sales Restrictions resource archive.

E-cigarettes and liquid

Raising the Minimum Legal Sale Age for Tobacco and Related Products - Tips and Tools (2016)

Basic information for state and local policymakers, advocates, and others on policy implications related to raising the minimum legal sale age for persons to whom tobacco products may be sold.

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Sample Resolution Supporting a Minimum Legal Sales Age of 21 for Tobacco Products (2016)

Resolution language urging the adoption of a measure prohibiting the sale of tobacco products to those under the age of 21.

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Sample Ordinance

Sample Ordinance Creating a Minimum Legal Sales Age of 21 for Tobacco Products (2016)

Sample language for an ordinance prohibiting the sale of tobacco products to those under the age of 21.

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