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.
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.
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.
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.