All Legislation

Federal Legislation | State Legislation

Federal Legislation

2017

Tobacco Tax Equity Act of 2017 : Would tax pipe tobacco, smokeless tobacco products, large cigars, and any other tobacco product (as determined by the FDA) at the same level as cigarettes. (Legislative history)
Cigarette Smoking Reduction and Electronic Vapor Alternatives Act of 2017: A bill to give FDA authority to regulate e-cigarettes as a tobacco harm reduction strategy. (Legislative history)
FDA Deeming Authority Clarification Act of 2017: A bill to clarify the effective date with respect to deemed tobacco products and provide for regulation of vapor (e-cigarette) products. (Legislative history)
Tobacco Excise Tax and Parity Act of 2017: A bill to reform and enforce taxation of tobacco products. (Legislative history)
Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2017: A bill to exempt certain types of cigars from regulation and user fees by the FDA. (Legislative history)
ATF Elimination Act: A bill to abolish the Bureau of Alcohol, Tobacco, Firearms, and Explosives and transfer its functions to other government bodies. (Legislative history)

2016

Amendment to Title 18 (not enacted): A bill to clarify the definition of “state” for purposes relating to trafficking in tobacco products. (Legislative history)
Child Nicotine Poisoning Prevention Act of 2015: A law requiring child-safe packaging for liquid nicotine containers. (Legislative history)

2015

Several bills relevant to tobacco and e-cigarette sales have been proposed in the past few years, but none passed.

Tobacco to 21 Act (not enacted): A bill to raise the minimum age to buy tobacco to 21. (Legislative history)
“Jenkins Act” Amendment (not enacted): A bill to amend the Act of October 19, 1949 (15 U.S.C. 375 et seq.; commonly referred to as the “Jenkins Act”), to prevent the interstate sale and delivery of electronic cigarettes, cigars, and pipe tobacco to minors in violation of law. (Legislative history)
Tobacco Tax and Enforcement Reform Act (not enacted): A bill to equalize excise taxes among various types of tobacco products and prevent and reduce tobacco tax evasion, among other provisions. (Legislative history)
STOP (Smuggled Tobacco Prevention) Act of 2015 (not enacted): Would amend the Internal Revenue Code to reduce tobacco smuggling through machine regulation, marketing and labeling requirements, and record maintenance. (Legislative history)
SMOKE (Stop Selling and Marketing to Our Kids E-Cigarettes) Act of 2015 (not enacted): Would clarify regulation of e-cigarettes, cigars, cigarillos, pipes, and hookahs, including a prohibition on marketing to children under 18. (Legislative history)
Tobacco Tax Equity Act of 2015 (not enacted): Would tax pipe tobacco, smokeless tobacco products, large cigars, and any other tobacco product (as determined by the FDA) at the same level as cigarettes. (Legislative history)
Protecting Children From Electronic Cigarette Advertising Act of 2015 (not enacted): Would prohibit e-cigarette advertisements to minors, enable the Federal Trade Commission to enforce any violations, and allow states to bring civil actions upon such violations. (Legislative history)

2014

SMOKE (Stop Selling and Marketing to Our Kids E-Cigarettes) Act of 2014 (not enacted): A bill to give the FDA authority to regulate e-cigarettes and e-liquids as tobacco products, require child-proof packaging, study the effects of added flavorings, and prohibit marketing products in a way that appeals to children under 18. (Legislative history)
Protecting Children From Electronic Cigarette Advertising Act of 2014 (not enacted): A bill to prohibit advertisement, promotion, or marketing of e- cigarettes in a way that appeals to children under 18. (Legislative history)

2013

Tobacco Tax and Enforcement Reform Act (not enacted): A bill to tax smokeless tobacco (including e-cigarettes) and other tobacco products at a level equivalent to the tax rate for cigarettes, among other provisions. (Legislative history)
Tobacco Tax Equity Act of 2013 (not enacted): Would tax pipe tobacco, smokeless tobacco products, and large cigars at the same level as cigarettes. (Legislative history)
Stop Tobacco Smuggling in the Territories Act of 2013 (not enacted): Would include American Samoa, the Commonwealth of the Northern Mariana Islands, and Guam in the definition of “state” for purposes of provisions prohibiting trafficking in contraband cigarettes and smokeless tobacco. (Legislative history)
Smuggled Tobacco Prevention Act of 2013 (STOP Act) (not enacted): Would impose a host of new regulations on tobacco manufacturers and distributors and require the Secretary of the Treasury to coordinate with other federal agencies and officials to prevent and reduce tobacco tax evasion and contraband trafficking. (Legislative history)
Healthy Lifestyles and Prevention America Act (HeLP America Act) (not enacted): Would increase the excise tax on tobacco products and authorize the Secretary of Health and Human Services to penalize cigarette manufacturers for failing to achieve youth tobacco use reduction goals, among other measures. (Legislative history)

2012

Moving Ahead for Progress in the 21st Century Act (“MAP-21”) Pub. L. 112-141: Defines “tobacco manufacturer” for excise tax purposes. (Read law) (Legislative history)
Stop Tobacco Smuggling in the Territories Act of 2012, H.R.5934 (not enacted): A bill to include American Samoa, the Commonwealth of the Northern Mariana Islands, and Guam in the definition of “state” for purposes of provisions prohibiting trafficking in contraband cigarettes and smokeless tobacco. (Legislative history)
H.R.4134 (not enacted): A bill to clarify the definition of “tobacco manufacturer” for excise tax purposes. (Legislative history)
Tobacco Tax Equity Act of 2012, S.3081 (not enacted): A bill to tax pipe tobacco, smokeless tobacco products, and large cigars at the same level as cigarettes, and to revise the definition of “tobacco products” to include any product containing tobacco that is intended or expected to be consumed. (Legislative history)

2011

Smuggled Tobacco Prevention Act of 2011 (“STOP Act”) H.R.3186/S.1706 (not enacted): A bill to reduce tax evasion and contraband trafficking of tobacco products. (Legislative history)

2010

Ending the Tobacco Epidemic: A strategic action plan for the U.S. Department of Health and Human Services with the central vision of “a society free of tobacco-related death and disease.” (Read action plan)
Prevent All Cigarette Trafficking Act of 2009 (“PACT Act”) Pub. L. 111-154: Revises provisions related to tobacco sales and taxes, including tobacco sold online. Prohibits the delivery of tobacco products unless the appropriate excise tax has been paid. (Read law) (Legislative history)

2009

Family Smoking Prevention and Tobacco Control Act of 2009, Pub. L. 111-31: Grants the Food and Drug Administration (FDA) the authority to regulate tobacco products. (Read law) (Read an overview)
Children’s Health Insurance Program Reauthorization Act of 2009, Pub. L. 111-3: Raises the Federal excise tax on cigarettes from $0.39 to $1.01. (Read law) (Legislative history)

2005

Voluntary Agreement on Payment Processing: The U.S. bureau of Alcohol, Tobacco, Firearms and Explosives and several state Attorneys General entered into a voluntary agreement with the major credit card companies and PayPal to ban the processing of credit card payments for tobacco sold online.
Voluntary Agreement on Shipping: The U.S. bureau of Alcohol, Tobacco, Firearms and Explosives and several state Attorneys General entered into a voluntary agreement with UPS and FedEx to ban the delivery of cigarettes to consumers.

2001

Tobacco Free Internet for Kids Act, H.R.3456 (not enacted): A bill to restrict online sales and shipping of tobacco to minors. (Legislative history)

1998

Master Settlement Agreement: An accord between most U.S. states and the five largest tobacco companies restricting tobacco companies’ advertising efforts, especially those targeting youth. Bans the use of cartoon mascots, billboard advertising, product placements, and many other forms of marketing. (Read overview)

State Legislation

Over the past few decades, the majority of states have enacted laws to limit youth access to cigarettes, increase the fire-safety of cigarettes, restrict smoking in certain areas, increase tobacco sales tax, or otherwise restrict sales practices to discourage consumers—especially minors—from buying tobacco products.

A wave of state legislation starting in the mid-2000s led to numerous restrictions on allowable smoking areas. In 2003, New York became the first state to ban smoking in all public places, including work spaces, restaurants, and bars (Read law). Other states and localities have raised the smoking age and/or increased sales tax on cigarettes to discourage smoking. (Read a list of states/localities with a smoking age of 21)