Government Recommendations & Laws

New Jersey state and local laws as well as federal laws protect children from tobacco, encouraging people to live tobacco-free. GASP maintains up-to-date summaries of all New Jersey state laws on tobacco. We also maintain a database of local and county tobacco control laws in New Jersey. Call our office for more information.

Our website also summarizes federal laws on tobacco control, including recent federal tobacco control laws that place marketing restrictions on cigarette and some smokeless tobacco products:

•  On August 6, 2012, the U.S. Centers for Disease Control launched the “Protecting Your Children from Tobacco” webpage which provides helpful hints to parents on how to help their kids stay tobacco-free. Topics discussed include: Tobacco products are designed for addiction and cause serious harm even to young people; Why do youth use tobacco and who is at greatest risk; What your community can do to help prevent youth tobacco use; How you can help your children stay tobacco-free or help them quit tobacco.
• Congress enacted a bill to reauthorize the State Children’s Health Insurance Plan (SCHIP) in early February 2009 and President Obama signed the bill the same day. It became effective April 1, 2009. The SCHIP expansion is funded by an increase in the federal cigarette tax of $0.61 per pack, raising the per pack tax from $0.39 to $1.00, along with tax increases on Other Tobacco Products, such as cigars, little cigars, loose tobacco, chew, etc (OTPs).
  • A 2001 study, The Effect of Cigarette Prices on Youth Smoking, predicted that higher cigarette prices would result in substantial reductions in both smoking participation and average cigarette consumption among high school students. A February 2012 working paper by the National Bureau of Economic Research confirms this after analyzing the impact of the 2009 federal tobacco excise tax increase on the use of cigarettes and smokeless tobacco products among youth. The study used the Monitoring the Future survey, a nationally representative survey of 8th, 10th, and 12th grade students, and examined youth tobacco use immediately before and after the tax increase. By taking advantage of the coincidence of the timing of the Monitoring the Future survey and the tax increase, this study was able to pinpoint the behavioral changes due to the 2009 tax increase. Read the study which concludes “the 2009 tax increase substantially reduced prevalence rates of smoking and using smokeless tobacco among American middle school and high school students.” You can also read a 2011 Campaign for Tobacco Free Kids Fact Sheet on the subject.
• On March 31, 2010, President Obama signed the Prevent All Cigarette Trafficking Act (PACT) into law, which regulates the tobacco product sales via mail and internet. PACT takes effect in 90 days from the signing, on June 29, 2010. The purpose of PACT is to help curb the sale of tobacco to children. PACT also helps to collect taxes on tobacco products sold through the mail and internet, requires tax stamps be affixed before delivery of the products to the customer, bans the delivery of these products through the U.S. Postal Service, requires age verification when the products are purchased and delivered, and increases penalties and improves enforcement. Read a press release and fact sheet on PACT, from Campaign for Tobacco-Free Kids.
• On June 22, 2009, The Family Smoking Prevention and Tobacco Control Act (“FDA Act”) (a.k.a. FDA regulations HR 1256), was signed by President Obama. The FDA Act gives the U.S. Food and Drug Administration (“FDA”) authority to regulate tobacco products, along with other restrictions on tobacco advertising. Read the FDA Act’s implementation timeline, and read an Executive Summary of the Act.
• On March 19, 2010, to help implement the FDA Act, the FDA issued federal Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents, (“FDA Regulations”, cited 21 CFR Part 1140), effective June 22, 2010. These FDA Regulations contain a broad set of federal requirements designed to significantly curb access to and the appeal of cigarettes and smokeless tobacco products to children and adolescents in the United States. The FDA Regulations restrict the sale, distribution, and promotion of these products, to make them less accessible and less attractive to kids. Learn more about these Regulations at the FDA’s press release and Frequently Asked Questions on implementing the regulations.