Legal

Research

Federal approaches to the regulation of non-cigarette tobacco products
A recent study identified gaps in federal laws regarding the regulation of other tobacco products (OTPs). The Public Health Law Center conducted a study that examined how existing laws applied or failed to apply to OTPs during 2010 to 2011. For this study, the OTPs used as case studies were dissolvable tobacco products, electronic cigarettes, little cigars, snus, and water pipes. Current statutes, regulations, decisions, pleadings, and proposals were compiled for the analysis. Federal regulation of OTPs was found to be inferior to regulation of “traditional” tobacco products such as cigarettes and moist snuff. The Food and Drug Administration needs to use its authority over the regulation of tobacco products to determine what intervention, if any, is needed to protect the public amid the growing popularity of OTPs. Click here to access this study published in the American Journal of Preventive Medicine.

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National

U.S. judge orders tobacco companies to admit deception and tell the truth to the American people
U.S. District Court Judge Gladys Kessler has ordered tobacco companies to make corrective statements admitting that they altered the nicotine levels in cigarettes to make them more addictive. Judge Kessler had previously ordered tobacco companies to pay for the corrective statements; in this ruling, she issued the specific corrective statements that will need to be made based on the court’s findings. Tobacco companies Altria Group Inc. and Reynolds American Inc. have been engaged in a six year dispute with the U.S. Justice Department regarding the penalties the companies incurred after the 2006 court decision that found the tobacco companies guilty of participating in fraud by deceiving the public about the deadly and addictive qualities of their products. The tobacco companies claimed that they did nothing wrong and that being forced to make statements to the contrary violates their free speech rights. Now that a final ruling has been made, the tobacco companies must meet with the Justice Department to determine how to release these corrective statements via newspaper and television advertising, the companies’ websites, and cigarette packaging. Click here to read more, or click here to read the Campaign for Tobacco-Free Kids’ press release.

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