123STA T . 1 7 7 9PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 09 asp a rt897of t i t le21,C o d eof F ederal R e gu latio n s, are c on - sistent w it h the first a m endment to the U nited S tates Constitu- tion and with the standards set forth in the amendments made by this subtitle for the regulation of tobacco products by the Food and D rug A dministration, and the restriction on the sale and distribution of, including access to and the ad v ertising and promotion of, tobacco products contained in such regula- tions are substantially related to accomplishing the public health goals of this division .(3 1 )T he regulations described in paragraph (3 0 ) will directly and materially advance the Federal G overnment ’ s substantial interest in reducing the number of children and adolescents who use cigarettes and smo k eless tobacco and in preventing the life-threatening health conse q uences associated with tobacco use. An overwhelming ma j ority of Americans who use tobacco products begin using such products while they are minors and become addicted to the nicotine in those prod- ucts before reaching the age of 18. Tobacco advertising and promotion play a crucial role in the decision of these minors to begin using tobacco products. L ess restrictive and less com- prehensive approaches have not and will not be effective in reducing the problems addressed by such regulations. The reasonable restrictions on the advertising and promotion of tobacco products contained in such regulations will lead to a significant decrease in the number of minors using and becoming addicted to those products. (32) The regulations described in paragraph (30) impose no more e x tensive restrictions on communication by tobacco manufacturers and sellers than are necessary to reduce the number of children and adolescents who use cigarettes and smokeless tobacco and to prevent the life-threatening health consequences associated with tobacco use. Such regulations are narrowly tailored to restrict those advertising and promotional practices which are most likely to be seen or heard by youth and most likely to entice them into tobacco use, while affording tobacco manufacturers and sellers ample opportunity to convey information about their products to adult consumers. (33) Tobacco dependence is a chronic disease, one that typically requires repeated interventions to achieve long-term or permanent abstinence. (3 4 ) B ecause the only known safe alternative to smoking is cessation, interventions should target all smokers to help them quit completely. (3 5 ) Tobacco products have been used to facilitate and finance criminal activities both domestically and internation- ally. I llicit trade of tobacco products has been linked to orga- ni z ed crime and terrorist groups. (3 6 ) It is essential that the Food and Drug Administration review products sold or distributed for use to reduce risks or exposures associated with tobacco products and that it be empowered to review any advertising and labeling for such products. It is also essential that manufacturers, prior to mar- keting such products, be required to demonstrate that such products will meet a series of rigorous criteria, and will benefit the health of the population as a whole, taking into account both users of tobacco products and persons who do not currently use tobacco products.
