Tobacco Sampling, Public Policy, and the Law

Cigarette and snuff sampling is a rapidly growing form of tobacco promotion. This article advocates prohibiting tobacco sampling in view of the unique public health risk provoked by sampling. Smokers begin their smoking careers as children, and children are recipients of tobacco samples. Sampling encourages tobacco experimentation, which often produces an addiction similar to morphine and cocaine; the public is generally unaware of the extreme risk of addiction. A recent Supreme Court opinion (Posadas) makes it clear that cigarette advertising can be outlawed. Furthermore, Congress, through the Cigarette Labeling and Advertising Act and Smokeless Tobacco Education Act, has not preempted or removed the power of states to ban sampling.