The Evolving Landscape: How Tobacco Compliance Regulations Are Changing
During a coast-to-coast flight of the United States, a trip to the restroom made me stop and pause. It’s probably not what you’re thinking. As I washed my hands and stretched my legs for a moment, I spotted a cigarette receptacle on the wall. This is interesting because, if you have paid attention to the safety demonstrations, you should know that it’s illegal to smoke on a plane. In fact, it has been illegal for 24 years.
Since 2000, smoking on any domestic or international flights – whether it’s a cigarette, an e-cigarette, a vape, or marijuana – has been punished with hefty fines. Though it is in fact illegal to smoke on a plane, there is still a law that ensures planes have a space for the disposal of cigarettes in the event that someone does not follow the rules.
In the weeks since this airplane restroom mystery, I began recollecting aspects of my childhood concerning tobacco. Most poignant of all my memories are the afternoons spent with my grandfathers who both smoked Marlboros and wore cowboy boots. Also, memories of visiting smoke-filled restaurants in the late 1990s came flooding back – table for two in the non-smoking section, please! The arguments spurred by the pack of cigarettes my parents found in my older brother’s car in the early 2000s. The smell of spitting tobacco and fruit-flavored Swisher Sweets in the air at every high school party comes to mind. Tobacco was always a part of life growing up in rural Georgia, but things have most certainly evolved for the better.
In this blog, we will discuss the many reasons tobacco regulation was necessary and the many ways the laws around the sale of tobacco have evolved over the years. We will also highlight areas of focus for future tobacco regulations. Perhaps the things we see as normal today in the tobacco industry will be a cause for shock and horror by the generations to come.
Why Has the Tobacco Industry Evolved?
It is no mystery as to the reasons for tobacco industry regulations increasing over time. As we become more aware of the science and the repercussions of tobacco and nicotine use, it’s clear that health issues follow those who consume tobacco regularly. As someone with two grandfathers who died of lung cancer due to smoking cigarettes, I can attest to the devastation that these products can bring to families and communities.
Though, the largest concern is who is most at risk: our youths. My grandfathers didn’t pick up smoking as adults, but as young adults during the height of cigarette usage. Today, minors are still consistently the target of companies marketing fruit-flavored tobacco products or small and colorful gadgets filled with nicotine.
In 1981, Phillip Morris (one of the USA’s largest tobacco companies) published market research and concluded that “today’s teenager is tomorrow’s potential regular customer and the overwhelming majority of smokers first begin to smoke while in their teens…” This is still very much the sentiment among tobacco companies, hence the huge push for products with fruity flavors and bright colors.
Unfortunately, young adults under the age of 25 are routinely injured and inhibited developmentally by the consumption of these products. Also, the high cost of healthcare for the individuals impacted by diseases and injuries caused by smoking here in the US should not be overlooked. Therefore, the FDA and other government agencies have worked hard to regulate the tobacco industry for the benefit of our public health.
How Has the Tobacco Industry Evolved?
The evolution of the tobacco industry has seen the removal of indoor smoking sections and the decreasing popularity of lighting up a Marlboro. During the height of the tobacco-smoking industry of the 1950s, 45% of Americans claimed to regularly smoke tobacco. In 2024, only 11% of those surveyed claimed to partake in tobacco consumption, while 16% have veered over to marijuana products.
The decrease in tobacco consumption is largely due to the enormous campaigns directed at education institutions and many laws impacting the industry. Let’s look at a brief timeline:
1965 – Federal Cigarette Labeling and Advertising Act made it a law that tobacco companies add warning labels to all tobacco products.
1970 - The Public Health Cigarette Smoking Act of 1969 prohibited cigarette companies from advertising on television and radio.
1983 – The D.A.R.E. Program is founded and implemented in schools across the United States. This program encourages children and young adults to resist peer pressure and the consumption of tobacco and other addictive drugs.
1984 – Comprehensive Smoking Education Act of 1984 required tobacco companies to add specific warning labels expressing that smoking causes lung cancer, heart disease, and pregnancy complications.
1990 to 2000 – Smoking is gradually outlawed on domestic and international US flights.
2009 – Family Smoking Prevention and Tobacco Control Act (TCA) is signed into law. This gave the FDA the authority to regulate the “manufacture, distribution, and marketing of tobacco products.”
2016 – The TCA is amended to extend the FDA’s regulatory authority to all tobacco products, including e-cigarettes, hookah, cigars, pipe tobacco, nicotine gels, and other products sold in the future.
2019 – The age minimum to purchase tobacco products was raised from 18 to 21 years.
2022 – The FDA bans flavored nicotine and tobacco products that target youths. Companies must also show that their products help adults quit smoking and are not likely to have youths become addicted.
The industry has not yet reached its final stage of evolution, but we have sure come a long way since the introduction of pre-rolled cigarettes in 1880 by James Albert Bonsack. Thanks for nothing, James!
What are the possible future laws regarding tobacco?
In spite of all the warning labels, reduction of flavors, rigidity in the sale of tobacco products, and the meaningful regulations put into place by government agencies, the younger generations are still heavily addicted to tobacco products. Therefore, there is still work to be done.
Tobacco Smoking Depicted in Movies and Television
According to a study done at the University of Chicago, “6% of G/PG rated films and 32% of PG-13 films in their sample of top 10 grossing films from 2020 included tobacco imagery” (www.smokefreemedia.ucsf.edu). The argument is that youth who are exposed to content displaying a character smoking are “three times more likely” to start smoking as compared to peers who do not watch the same content. To combat this, the proposal is to enforce any content depicting a character smoking a cigarette or e-cigarette as an R-rated movie or a mature-audience-only TV series.
A Complete Ban of Menthol Cigarettes
The FDA has already banned menthol and mint flavors for e-cigarettes, but not for common rolled cigarettes. The proposed rule would ban the use of menthol in cigarettes in a step to deter youths and children 12 and older from seeking out tobacco products.
A Ban on “Characterizing Flavors” in Cigars
Gone will be the days of men claiming to smoke cigars “just because they like the taste.” Without the tantalizing flavors of strawberry, cocoa, fruit punch, and the like, cigar smokers may not be so interested anymore. At least, that is the hope of the FDA in proposing this new rule. Of course, cigars are not only for adult males celebrating the birth of their new bundle of joy, but also a favorite among young adults. Swisher Sweets is a popular brand of “cigarillos” with flavors like “Kiwi Peach” and blueberry. They’ve been a fan favorite at college and high school parties for years, but may be in for a rude awakening if this rule is passed.
What do retailers of tobacco products need to know?
Retailers, according to the FDA, are any businesses that sell cigars, hookah tobacco, e-cigarettes or e-liquids, and any other tobacco product. If a business mixes or modifies any tobacco products, they may be categorized as a retailer AND a manufacturer.
Retailers have only a few things to keep in mind. It’s simple.
Check IDs – it is unlawful to sell tobacco products to anybody under the age of 21.
Make sure you have the required signage displayed – see Georgia's required signage.
Do not sell tobacco in vending machines, unless it is an adult-only facility.
Do not give away free tobacco samples to customers.
Do not sell containers with less than 20 cigarettes (also known as “singles” or “loosies”) or break up packages into smaller amounts.
Do not sell any products, or display any products, without a warning label.
Simple. Yet, so many businesses slip on these basic requirements, resulting in large fines, legal issues, and license suspension if discovered during a municipal sting (a sting operation managed by law enforcement). When municipal stings are conducted at shops selling tobacco products, there is a high cost to the employees and the business owner alike. By training employees to check IDs – no matter what – businesses can safeguard against any risks to their operations and keep their communities safe.
Stinger Compliance Ensures Tobacco Sales Confidence
Unexpected tobacco compliance checks can be stressful, and failing one can mean hefty fines or worse. Stinger Compliance offers peace of mind. Our team of trained adults (all over 21) conducts confidential checks at businesses, mimicking real-world tobacco purchases. This proactive approach helps identify any weaknesses in the age verification procedures or signage, allowing business owners to address them before a costly surprise.
Getting started is simple. Business owners can create an account on the Stinger Compliance website and schedule a confidential compliance check at their convenience. Our team of trained secret shoppers, known as 'Stingers,' will visit your location(s) and verify adherence to tobacco regulations, including ID verification, proper signage, and restrictions on flavored products.
Following each sting, the business will receive a detailed report highlighting compliance strengths and any areas for improvement. This empowers owners and managers to take action and ensure that the staff feels confident handling tobacco sales.
Don't wait for a costly surprise! Partner with Stinger Compliance today for peace of mind and confident tobacco sales.
Ready to get started? Book your first Sting with Stinger Compliance today!
