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Regulating Tobacco Retailers: Options for State and Local Governments


In addition to granting the FDA power to establish tobacco product standards, the Family Smoking Prevention and Tobacco Control Act of 2009 gives the agency wide-ranging authority to regulate tobacco product marketing and advertising. The Act leaves state and local governments free to restrict the sale, distribution, and possession of tobacco products.

The Tobacco Control Legal Consortium, a collaborative network of legal centers, has prepared this summary of guidelines and drafting tips to help governments identify strategies for regulating tobacco retailers and potential ways these strategies might be limited by federal law.

Primary Toolkit:

Chronic Disease Prevention Toolkit

Keyword Area:

Chronic Disease, Health Policy, Tobacco


Institutional Author:

Tobacco Control Legal Consortium of the Public Health Law Center




The NACCHO Toolbox is a repository of available resources to help local public health practitioners. Tools are produced by local, state, and federal agencies, as well as academic institutions and other stakeholders. The contents of this Toolbox are solely the responsibility of the authors and do not necessarily reflect any official recommendations of NACCHO. NACCHO makes no express or implied warranty with respect to the contents and disclaims liability for any damages arising from or connected to the use of the material in this Toolbox.