261382 Options to regulate non-cigarette tobacco products

Monday, October 29, 2012 : 9:15 AM - 9:30 AM

Michael Freiberg, JD , Tobacco Control Legal Consortium, William Mitchell College of Law, St. Paul, MN
Joelle Lester, JD , Tobacco Control Legal Consortium, Public Health Law Center, St. Paul, MN
Cigarette manufacturers and others are moving aggressively to develop, test, and market many non-cigarette commercial tobacco products, also called “other tobacco products” (OTPs), hoping to capitalize on declining cigarette use and to exploit loopholes in regulations that were written with cigarettes in mind.

The Public Health Law Center is researching how laws at all levels apply or fail to apply to OTPs. This session will present an overview of the project and findings, emphasizing the important role state and local health departments should play in regulating these products.

The Center's project focuses on legal issues related to five products that have developed or could develop a significant market presence: dissolvable tobacco products, electronic cigarettes, little cigars, snus, and water pipes. We have examined a variety of laws, including smoke-free laws, sales restrictions, marketing limitations, tax laws, and regulations relating to product design and manufacture.

In this session, we will describe characteristics of the products which lead to them being ineffectively regulated, examples of laws that do and don't adequately address OTPs, and policy recommendations to better address these products. We will have examples of products with us so that attendees can see them firsthand.

In an uncertain time where the federal government is beginning to regulate tobacco products more aggressively, it is important that local units of government understand not only the limits, but also the potential, of their regulatory authority.

Learning Areas:
Public health or related laws, regulations, standards, or guidelines
Public health or related public policy
Public health or related research

Learning Objectives:
Describe characteristics of specific non-cigarette tobacco products that cause them to be ineffectively regulated Demonstrate how and why local, state, and federal tobacco control laws often fail to regulate non-cigarette tobacco products effectively Explain how non-cigarette tobacco products can be effectively regulated

Keywords: Tobacco, Policy/Policy Development

Presenting author's disclosure statement:

Qualified on the content I am responsible for because: I am the principal attorney on a project intended to increase the involvement of the public health community in the FDA’s regulation of tobacco products. I provide litigation support to defend tobacco regulations against challenges from the tobacco industry and technical legal assistance to communities working to enact laws to restrict the sale and use of tobacco products. I have worked as a civil litigator and public affairs and have presented on this topic.
Any relevant financial relationships? No

I agree to comply with the American Public Health Association Conflict of Interest and Commercial Support Guidelines, and to disclose to the participants any off-label or experimental uses of a commercial product or service discussed in my presentation.