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HCA - Tobacco Use Prevention Program - TUPP
 

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Tobacco Use Prevention
Program (TUPP)

405 W. Fifth St., Ste. 203
Santa Ana, CA 92701
Phone: (714) 541-1444
Fax (714) 796-8261


Tobacco Free Communities
Free Smoking Cessation Services
available in English, Spanish
and Vietnamese
1(866) NEW-LUNG
1(866) 639-5864

 
Tobacco Laws that Affect O.C.

Tobacco Advertising

Outdoor Advertising

Master Settlement Agreement, §§ II (ii), III (d)
Prohibits outdoor tobacco advertising defined as billboards, signs and placards in arenas, stadiums, shopping malls, and video game arcades, and any other tobacco ads that are outdoors, or on the inside surface of a window but facing outward.
Exception:
The MSA does not restrict:

  • Ads that are less than 14 square feet, and are either outside a tobacco retail store or on a window facing outward
  • Ads inside a tobacco retail store
  • Ads located inside a tobacco retail store
  • Ads located inside an "adult-only facility" advertising the event with a brand name, no more than fourteen days before the event
  • Billboards advertising a tobacco brand-sponsored event at the site of the event for ninety days before the event and ten days after
  • Ads outside a tobacco manufacturing facility

Business and Professions Code § 22961
No tobacco advertising on any outdoor billboard located within 1,000 feet of any public or private elementary, junior high, or high school, or public playground. A local government may pass a more restrictive law.
Exception: A message or advertisement opposing the use of tobacco products is not prohibited unless such a message is within an advertisement that promotes tobacco products.

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Storefront Advertising

Business and Professions Code § 25612.5 (c) (7)
No more than one-third of the square footage of windows and clear doors of an alcohol retailer may have advertising signs of any sort, including tobacco. 
Exception:
The law only applies to retailers with an off-sale premises license to sell alcoholic beverages.

 


State Buildings

Government Code § 19994.35
No tobacco product advertising shall be allowed in any building owned and occupied by the state.
Exception: This does not apply to tobacco advertising contained in a program, leaflet, newspaper, magazine, or other written material lawfully sold, brought, or distributed within a state building.

State Administrative Manual Ch. 1397
State property may not be used for commercial advertising signs.
Exception:
Signs on state-owned fairgrounds are allowed when the advertisements are consistent with local zoning requirements and existing uses of surrounding property. However, tobacco advertisements are prohibited.

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Transit Ads

Master Settlement Agreement, §§ II (xx), III (d)
Prohibits tobacco transit ads, defined as ads on or within private or public vehicles, and placed at, on, or within a bus stop, taxi stand, transportation waiting area, train station, airport or similar location. Exception: Does not apply to ads outside an "adult-only facility" (no minors are present) advertising the event with a brand name, no more than fourteen days before the event, and to vehicles bearing a tobacco brand name outside a brand-sponsored event.


Television/Radio Advertising

15 U.S.C. §§ 1335, 1338
Prohibits advertising cigarettes or "little cigars" (defined by weight) on any medium of electronic communication subject to the jurisdiction or the Federal Communications Commission (such as television and radio).

15 U.S.C. § 4402
Prohibits advertising smokeless tobacco on any medium of electronic communication subject to the jurisdiction of the FCC.
Exception: This section does not apply to a distributor or a retailer of any smokeless tobacco product which does not manufacture, package, or import smokeless tobacco products for sale or distribution within the United States.

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Youth Targeting

Penal Code § 308.5
Prohibits paid commercial advertising for tobacco in video games intended for either private use or for use in a public establishment, and intended primarily for use by any person under the age of 18 years.

Master Settlement Agreement, § III (a)
Prohibits targeting youth in advertising, promoting, or marketing tobacco products.

Master Settlement Agreement, §§ II (l), III (b)
Prohibits the use of cartoons and cartoon-like qualities in tobacco advertising and packaging.


Advertising in Fish and Game Materials

Fish and Game Code §§ 206-211
Regulations and public information relating to mammals, fish, game birds, etc. shall not contain advertisements for tobacco products.
 

 
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