Regulating Tobacco Marketing

Regulating Tobacco Marketing

Many state and local governments are interested in passing new laws to restrict tobacco marketing, but worry they’ll be sued by tobacco companies or retailers for violating “commercial speech” or other federal protections if they proceed.

The following documents, developed for the Tobacco Control Legal Consortium, explain how courts analyze different types of laws restricting tobacco marketing, and offer guidelines for drafting new laws to meet the requirements of the First Amendment and other federal law.

A “Commercial Speech” Fact Sheet for State and Local Governments

This fact sheet provides a brief overview of the issues to consider, and includes a chart outlining legislation drafting tips.

“Commercial Speech” Guidelines for State and Local Governments

This publication explores the federal legal implications in greater depth than the fact sheet (above), offering more detail about how courts treat different kinds of restrictions and what that means for governments interested in restricting tobacco marketing and promotion.

A “Commercial Speech” Flowchart for State and Local Governments

A companion to the two documents above, this one-page flowchart is designed to help assess how courts might view a proposed law restricting tobacco marketing should it ever face a lawsuit.