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APHA Scientific Session and Event Listing

Christopher N. Banthin, JD, Tobacco Control Resource Center, Inc., Northeastern University School of Law, 360 Huntington Avenue, Cushing Hall 117, Boston, MA 02115, 6173738502, Chris@tplp.org

The tobacco industry has begun a marketing push for its so-called reduced risk products. Historically, tobacco industry marketing has used unsubstantiated health claims in advertisements to allay concerns, but keep people smoking. There is evidence that the emergence of reduced risk cigarette as a major product line is simply the latest example of this exploitative marketing.

This abstract discusses state consumer law and concludes that states have authority to provide regulatory oversight of reduced risk tobacco products. Elements of such oversight are discussed as well as a lawsuit being prosecuted against RJR Reynolds by over 30 state attorneys general. Importantly, federal agencies are largely barred from providing meaningful oversight, and Congress appears unwilling to act.

Learning Objectives:

• States may be able to thwart – through US Food and Drug Administration-like authority and consumer protection laws – efforts by tobacco companies to explicitly or implicitly portray unproven, new products as “safer.” Participants will be able to evaluate the authority for relevant state oversight and analyze the efficacy of proposed regulatory approaches.

Presenting author's disclosure statement:

Not Answered