Annals of Health Law
HOW TO REGULATE TOXIC FOODS
Federal, state and local legislative and administrative initiatives permeate
the tobacco regulation landscape.
A. Federal
At the federal level, the Cigarette Labeling and Advertising Act
(Cigarette Labeling Act) was first passed in 1965.125 A key purpose of the
Cigarette Labeling Act was to educate the public about the risks of
smoking. 126 Accordingly, it required a warning on every package of
cigarettes to make smokers aware of health hazards associated with
smoking. 127 The required warning was strengthened in 1969 as scientific
understanding of the risks associated with smoking evolved. 128 In 1984,
four rotating warnings were implemented to include some of the specific
diseases linked to smoking and to emphasize the potential benefits of
quitting. 129 In 2009, Congress acted once again by requiring nine rotating
textual warnings. 130 In addition, Congress included a requirement that fifty
percent of every cigarette package include graphic warnings depicting
negative aspects of smoking. 131 The tobacco industry has challenged these
organizations like the Institute of Medicine, a not-for-profit organization, provide “unbiased”
advice that the government and the public alike may look to for guidance. See INST. OF MED.
OF THE NAT’L ACAD., About the IOM, http://www.iom.edu/About-IOM.aspx.
