Tobacco Enforcement Unit

The purpose of this information is informative, and does not represent an exhaustive list of tobacco-related state or federal laws and regulations.

 

The fact that a Tobacco Product Manufacturer and its Brand Families are listed in the Directory does not mean that they are compliant with other State or federal laws applicable to the sale and/or distribution of Cigarettes.  Here are some examples (not an exhaustive list):

  • A.R.S. § 36-798.04 states “[a] package or other container of cigarettes that contains fewer than twenty cigarettes . . . may be distributed or sold within this state only at a facility that is licensed pursuant to § 4-209, subsection B, paragraph 6, and that admits only people who are at least twenty-one years of age.”  A.R.S. § 36-798.04(A)(1) & (C).  A violation of A.R.S. § 36-798.04 is a criminal offense.  See A.R.S. § 36-798.04(D).

  • A.R.S. § 42-3210 (Arizona’s “Gray Market Statute”) prohibits the affixing of an Arizona tax stamp to any cigarette package in violation of that statute.  This law imposes significant requirements upon cigarette distributors.  For example, Subsection (A)(5) of the Gray Market Statute prohibits the affixing of an Arizona tax stamp to any cigarette package violating specific federal laws, including: (i) 15 USC § 1335(a) of the Federal Cigarette Labeling and Advertising Act; and (ii) 19 USC §§ 1681-1681(b).  In many instances, violations of these statutes will render an entire brand, and not just an individual package, ineligible for stamping.  These laws impose significant requirements upon importers and manufacturers of cigarettes and should be reviewed in their entirety. The Department of Revenue may, among other things: (i) revoke any license issued to a Distributor who sells or offers for sale cigarette packages . . . stamped in violation of the Gray Market Statute; and (ii) seize and destroy packages of cigarettes that are stamped in violation of the Gray Market Statute.  A.R.S. § 42-3210(B)(1) & (2).  Violations of the Gray Market Statute also constitute violations of the Consumer Fraud Act, which allows the Attorney General to, among other things: (i) “impound . . . merchandise material”; (ii) seek injunctive relief, enjoin the stamping for sale of non-compliant cigarettes; and (iii) prohibit a Distributor from engaging in a specified trade or occupation.  A.R.S. §§ 44-1524(A)(3) & (4) & 44-1528(A).  Finally, selling or offering for sale cigarettes that are in violation of the Gray Market Statute constitutes a class 2 misdemeanor.

  • Under the Arizona Reduced Cigarette Ignition Propensity Act, all cigarettes sold in the State of Arizona must comply with the State Fire Marshal’s Fire Standards pursuant to A.R.S. §§ 41-2170 through 41-2170.08. Any manufacturer who intends for its cigarettes to be sold must have its cigarettes listed as compliant in the Arizona State Fire Marshal Directory of Fire Standards Compliant Cigarettes.  A manufacturer, wholesaler, agent or other person or entity that knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of § 41-2170.01 is subject to a civil penalty of not to exceed one hundred dollars for each pack of cigarettes sold or offered for sale. This penalty shall not exceed twenty-five thousand dollars during any thirty-day period.  A retailer who knowingly sells or offers to sell cigarettes in violation of § 41-2170.01 is subject to a civil penalty of not to exceed one hundred dollars for each pack of cigarettes sold or offered for sale. This penalty shall not exceed one thousand dollars during any thirty-day period. A.R.S. § 41-2170.04.

For information on Fire Standards Compliant Cigarettes click here

Other federal requirements include (but are not limited to):

  • The Prevent All Cigarette Trafficking ("PACT") Act, 15 U.S.C. §§ 375 et seq. imposes additional requirements on any person who sells, ships, or transfers or offers to sell, ship, or transfer tobacco products in interstate commerce.  For more information, click here.

  • The Federal Cigarette Labeling and Advertising Act (FCLAA), 15 U.S.C. §1335a(a), in part requires that each person who manufactures, packages, or imports cigarettes annually submit to the Department of Health and Human Services (HHS) a list of ingredients added to tobacco in the manufacture of cigarettes (Ingredient Report). The Centers for Disease Control and Prevention (CDC), Office on Smoking and Health (OSH), has been delegated the responsibility of implementing these provisions.  Cigarettes in violation of this federal law are also in violation of Arizona’s aforementioned Gray Markey Statute (see the above information to learn how this affects you).

  • The Federal Food, Drug, and Cosmetic Act (“FDCA”) (21 U.S.C. 301 et seq.), as amended by the Family Smoking Prevention and Tobacco Control Act (“FSPTCA”) (Public Law 111-31), established a tobacco standard special rule for cigarettes that became effective on September 22, 2009.  All products that meet the description in § 907(a)(1)(A) of the FSPTCA are banned.  Section 907(a)(1)(A) states:  “a cigarette or any of its component parts (including the tobacco, filter, or paper) shall not contain, as a constituent (including a smoke constituent) or additive, an artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee, that is a characterizing flavor of the tobacco product or tobacco smoke.” Note that § 900(3) of the FSPTCA defines “cigarette” as including “tobacco, in any form, that . . . is likely to be offered to, or purchased by, consumers as a cigarette or as roll-your-own tobacco.”  Loose tobacco intended to be used in cigarettes or as roll-your-own tobacco fits this definition of “cigarette” and therefore may not be flavored with a characterizing flavor.  To find more information regarding the FSPTCA, see the FDA website located at:  http://www.fda.gov/ 

  • The FSPTCA requires nine new larger and more noticeable textual warning statements to appear on cigarette packages and in cigarette advertisements accompanying color graphic images depicting the negative health consequences of smoking.  Key dates include: (i) September 22, 2012 – Cigarettes for sale or distribution in the United States can no longer be manufactured or advertised without the new cigarette health warnings; and (ii) October 22, 2012 – Cigarette manufacturers can no longer distribute cigarettes for sale in the United States unless they display the new cigarette health warnings.  

  • In addition to the requirements detailed here, manufacturers, importers, and distributors of tobacco products may have other legal obligations to consider. Although not an exhaustive list, other federal agencies that may have applicable laws include the Alcohol and Tobacco Tax and Trade Bureau, U.S. Customs, and the Federal Trade Commission.

Youth access statutes include (but are not limited to):

 

The purpose of this information is informative, and does not represent an exhaustive list of tobacco-related state or federal laws and regulations.