Tobacco Laws that Affect O.C.
Tobacco
Sponsorship and Promotion Laws
Sponsorship
Master Settlement Agreement, §§ II (j), III(c)
(1)-II(c)(6)
Allows one "brand name
sponsorship" for each tobacco company per year. A
national or multi-state series or tour (e.g., NASCAR) will
count as one brand name sponsorship. Prohibits brand name
sponsorship of concerts; events in which the intended
audience is comprised of a "significant percentage of
youth"; events in which paid participants or
contestants are youth; or football, basketball, soccer,
baseball, or hockey games.
Prohibits naming a stadium or arena with a brand name and
prohibits tobacco companies from paying football,
basketball, baseball, soccer or hockey leagues in exchange
for use of a brand name.
Exceptions:
- Events at "adult-only facilities" (no minors
are present)
- Corporate name sponsorship
- Vehicles bearing a brand name outside a brand-sponsored
event
- Billboards for the brand-sponsored event at the site of
the event for ninety days before and ten days after the
event
- Contracts existing as of August 1, 1998, which may
continue until the contract expires or November 23, 2001,
whichever is earlier
Brand Name Merchandise
Master Settlement Agreement, §§ III (f), III(c)(3)(D)
Prohibits the sale or distribution of apparel or other
merchandise which bears a tobacco product name.
Exception: Does not apply to licensing agreements and
contracts existing as of June 20, 1997, although such
contracts may not be renewed. Does not apply to apparel or
other merchandise distributed or sold at the site of a
"brand name sponsorship".
Nontobacco Brand Name Use
Master Settlement Agreement, § III (j)
Tobacco brands may not use the names of a nontobacco
product or any nationally recognized sports team,
entertainment group, or celebrity.
Product Placement
Master Settlement Agreement, § II(e)
Prohibits payments by tobacco companies for product
placement in the movies, television, theater, video games,
or other performances.
Exception: Does not apply to media shown in an
"adult-only facility" or not intended for
distribution to the public.
Lottery
26 U.S.C. § 5723
Nothing which is or represents a ticket, chance, share,
or an interest in a lottery shall be placed in or on any
package of tobacco products or cigarette papers.
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