The Cigarette Labeling and Advertising Act
The Cigarette Labeling and Advertising Act (CLAA) was passed by Congress in 1965 to make Americans more aware of the adverse health effects of smoking. The CLAA requires health warnings on cigarette packages. As amended by the Comprehensive Smoking Education Act, the CLAA requires cigarette packaging to contain one of four specific labels warning of the adverse health effects of cigarette smoking. Warning statements must also be included in newspaper, magazine, transit and outdoor advertising. Cigarette advertising is banned from radio and television.
Federal Pre-Emption of Cigarette Advertising or Promotion
The CLAA contains a federal pre-emption provision, which prohibits a state from imposing any requirement or prohibition based on smoking and health with respect to the advertising or promotion of cigarettes. Therefore, there can be no additional statements on cigarette packages beyond those provided in the CLAA and its amendments.
Federal Trade Commission and Office of Consumer Litigation
The Federal Trade Commission (FTC) has jurisdiction over false and deceptive advertising, including tobacco advertising. The FTC administers CLAA and ensures that the mandated health warnings appear on cigarette packaging and advertising. The Office of Consumer Litigation (OCL) enforces CLAA. The OCL has obtained consent decrees forcing the removal of tobacco-related signs from sports facilities.
The Comprehensive Smokeless Tobacco Health Education Act of 1986 requires specific warning labels on smokeless tobacco packages. The FTC has authority over smokeless tobacco advertising. Manufacturers and importers are required to get FTC approval for their packaging and advertising. The FTC has adopted specific regulations about the format and placement of health warnings on smokeless tobacco packages. The FTC collects and annually reports information to Congress about cigarette and smokeless tobacco advertising.
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