The Tobacco Control Legal Consortium presents two series of fact sheets about the regulation of tobacco by the U.S. Food and Drug Administration.
Tobacco Law and Policy: A Database of Law Review and Journal Articles
A free searchable bibliographic database of several hundred North American law review and journal articles relating to tobacco control. The database is a joint project of the Tobacco Control Legal Consortium, the William S. Richardson School of Law at the University of Hawai`i at Mānoa, and the Center for Tobacco Regulation, Litigation and Advocacy at the University of Maryland School of Law.
A compilation of select quotes from 1,259 pages of Findings in a legal document over 1,700 pages long. Our goal in preparing this compilation has been to extract highlights of the Court's Findings that help tell the story in a direct and easily understandable way.
» Learn more about The Verdict Is In
On October 23, 2007, the Tobacco Control Legal Consortium held an interactive public health law symposium entitled “Going Too Far? Exploring the Limits of Smoking Regulation” at William Mitchell College of Law, in St. Paul, Minnesota. The Tobacco Control Legal Consortium symposium proceedings were published in William Mitchell Law Review Vol. 34:4 (2008).
» Read the symposium proceedings.
Infiltration of Secondhand Smoke into Condominiums, Apartments and Other Multi-Unit Dwellings: 2009 PDF, 1.8 Mb
Susan Schoenmarklin October 2009
This update of our popular 2004 publication summarizes the legal remedies for landlords, condominium associations and tenants of multi-unit dwellings concerned about secondhand smoke infiltration.
Legal Authority to Regulate Smoking and Common Threats and Challenges 2009 PDF, 2.4 Mb
Cheryl Sbarra May 2009
Our latest law synopsis, an expansion and update of one of our most popular law synopses, originally published in 2004, is a primer on common legal threats and challenges to smoke-free regulation.
Pick Your Poison: Responses to the Marketing and Sale of Flavored Tobacco Products PDF, 2.7 Mb
Kathleen Dachille February 2009
An overview of legal approaches for addressing the marketing and sale of fruit-, alcohol- and candy-flavored tobacco products to youth.
Workplace Smoking: Options for Employees and Legal Risks for Employers PDF, 1.6 Mb
Leslie Zellers & Samantha K. Graff April 2008
An overview of smoke-free workplace policies that help fulfill an employer’s legal obligation to provide a safe workplace and protect employee health, while reducing the employer’s legal risk.
There is No Constitutional Right to Smoke: 2008 PDF, 1.4 Mb
Samantha K. Graff March 2008
A revised and updated version of our 2005 publication.
Light Cigarette Lawsuits in the United States: 2007 PDF, 1.7 Mb
Edward L. Sweda, Jr., Mark Gottlieb & Christopher N. Banthin November 2007
An overview of light cigarette litigation.
Regulating Cigarettes for Fire Safety PDF, 1.9 Mb
Hillel R. Alpert May 2007
An overview of legislative efforts to reduce ignition performance standards for cigarettes.
Secondhand Smoke and Casinos PDF, 1.42 Mb
Micah Berman & Caris Post January 2007
An overview of how smoke-free workplace laws apply to casinos.
Legal Options for Condominium Owners Exposed to Secondhand Smoke PDF, 1.24 Mb
Susan Schoenmarklin December 2006
An overview addressing the problem of secondhand smoke seepage in condominiums
Public Health Policy for Internet Cigarette Retailers PDF, 4 Mb
Christopher Banthin January 2006
An overview of the problems associated with Internet cigarette retailers, and the state and federal laws that can be used to address these problems.
Kathleen Hoke Dachille and Kristine Callahan June 2005
An overview of when and how family courts have considered a child’s exposure to secondhand smoke when making custody and visitation decisions.
There is No Constitutional Right to Smoke PDF, 471 Kb
Samantha K. Graff July 2005
A synopsis explaining why smoking is not a constitutionally protected right.
The United States Government’s Racketeering Lawsuit against the Cigarette Industry PDF, 2 Mb
Mark Gottlieb, Edward Sweda, Jr. and Sara D. Guardino April 2005
An overview of the government’s racketeering lawsuit against the cigarette industry and its possible outcomes.
Local Land Use Regulation for the Location and Operation of Tobacco Retailers PDF, 181 Kb
Randolph Kline April 2004
An overview of ways in which local land use regulations, such as zoning laws, might be used to control the location and operation of tobacco retailers.
The Tobacco Master Settlement Agreement: Enforcement of Marketing Restrictions PDF, 232 Kb
Dennis Eckhart April 2004
A synopsis of the MSA’s restrictions on tobacco product marketing, the MSA enforcement process, several MSA enforcement actions, and future challenges for enforcing MSA marketing restrictions.
The Americans with Disabilities Act: Effective Legal Protection Against Secondhand Smoke Exposure PDF, 205 Kb
Clifford E. Douglas April 2004
A synopsis of the law describing when exposure to secondhand smoke qualifies as a disability under the ADA, the scope and constitutionality of Titles I and II of the ADA, as well as remedies under the ADA for smoking-related discrimination.
Legal Authority to Regulate Smoking and Common Threats and Challenges PDF, 200 Kb
Cheryl Sbarra April 2004
A synopsis outlining governmental authority for regulating smoking and the legal doctrine of preemption, as well as legal challenges to smoke-free ordinances and legal authority of local regulatory bodies for passing smoke-free ordinances.
Infiltration of Secondhand Smoke into Condominiums, Apartments and Other Multi-Unit Dwellings PDF, 196 Kb
Susan Schoenmarklin April 2004
A synopsis summarizing the legal remedies for landlords, condominium associations and tenants of multi-unit dwellings concerned about secondhand smoke infiltration.
New Federal Tobacco Control Legislation and Making History PDF, 2.5 Mb
In the National Association of Local Boards of Health’s NewsBrief periodical (3rd quarter 2009), Legal Consortium Staff Attorney Kerry Cork describes the historic impact of the legislation granting the Food and Drug Administration authority to regulate tobacco products.
Legal and Political Obstacles to Smoke-free Regulation in Minnesota Regions PDF, 878 Kb
Also new is the article Legal and Political Obstacles to Smoke-free Regulation in Minnesota Regions, by Tobacco Law Center attorneys Kerry Cork and Carolyn Forman, published in the American Journal of Preventive Medicine 2008. This peer-reviewed journal article summarizes research conducted by the Tobacco Law Center under a ClearWay Minnesota grant between 2005 and 2007. Researchers used case study methodology to analyze legal and political challenges that seven multi-jurisdictional Minnesota regions faced in smoke-free ordinance campaigns between 2000 and 2006. They examined the approaches regulatory authorities took in each of these communities and identified strategies to help public health advocates, health organizations, policymakers, and legal professionals anticipate, avoid, and address these obstacles. American Journal of Preventive Medicine 2008; 35(6S0:S508-S518)
Tobacco Control and Great Expectations PDF, 71 Kb
In the National Association of Local Boards of Health’s NewsBrief periodical (1st quarter 2009), Legal Consortium Staff Attorney Kerry Cork describes legal measures to advance U.S. tobacco control and prevention policies in the coming year.
Sara Guardino, Christopher Banthin and Richard Daynard September 2007
This law synopsis, by attorneys from the Public Health Advocacy Institute, highlights major potential violations of the Master Settlement Agreement that were documented in the landmark 2006 legal opinion in the government’s massive racketeering case against cigarette manufacturers.
Legal Resources for Tobacco Control PDF, 752 Kb
This ninety-page resource guide, compiled by the Tobacco Control Legal Consortium, identifies published legal resources for public policy initiatives. Included is a brief description of each resource and its intended audience. Separate lists are provided by state and organization and by subject area.
Presentations viewable only with Internet Explorer unless PDF
Smoke-Free Multi-Unit Housing Workshop: Minnesota, April 2007
from the Smoke-Free Environments Law Project, Ann Arbor, MI, PDF, 1.81 Mb
Smoke-Free Multi-Unit Housing: The New Frontier for Smoke-Free Air Initiatives, March 2007
from the Smoke-Free
Environments Law Project, Ann Arbor, MI, PDF, 1.7 Mb
Secondhand Smoke Litigation in Multi-Unit Housing
from the Smoke-Free
Environments Law Project, Ann Arbor, MI
The Regulation of Tobacco Advertising After Lorillard v. Reilly September 2006, 6 Mb
Michigan
Smoke-Free Apartment Initiative
from the Smoke-Free
Environments Law Project, Ann Arbor, MI
Surviving & Triumphing in Residential Settings with Secondhand Smoke Intrusions, December 2003, 444 Kb
The RICO Case - Now What?, July 2005, PDF, 1130 K