The PACT ACT: Is Government-Controlled Packaging Going Too Far?

By: Jennifer Bautista, CLASS Publications Coordinator 2010-2011

In March 2010, President Obama signed S. 1147, The Prevent All Cigarette Trafficking Act (PACT Act), which went into effect on June 29, 2010. The purpose of the act is to prevent tobacco smuggling, ensure the collection of all tobacco taxes, and to prevent underage smoking. The PACT Act gives the Food and Drug Administration the authority to regulate, but not ban, tobacco products.

In a nutshell, the PACT Act does the following:

1. Requires internet and mail-order cigarette vendors to pay all applicable federal, state, local or tribal tobacco taxes and affix any related tax stamps before delivering any cigarettes or smokeless tobacco products to any customer in a state.

2. Prohibits cigarettes that have candy, fruit and spice flavors as their main flavors.

3. Requires tobacco companies to fully disclose ingredients and additives and send information to the FDA about the nicotine content of their products and the health consequences of using them.

4. Bans targeting youth with marketing campaigns that give away clothing and other items with their logos, or distributing free samples of cigarettes.

5. Ends terms such as “light,” “low,” and “mild” for products.

6. Requires new, colored and graphic warning labels designed and approved by the F.D.A. to occupy 50 percent of the space on each package of cigarettes.

The Food and Drug Administration recently released proposed warning labels to be affixed on the top half of cigarette boxes. The PACT Act requires the warnings to be located at the top of the boxes because many tobacco retailers only display the tops of cigarette packs. By October 22, 2012, manufacturers will not be allowed to distribute cigarettes in the United States without the graphic warnings. These warnings must also cover a fifth of any cigarette advertisements. The government and public health officials hope that the new labels will spur an anti-smoking sentiment in the United States. Tobacco is the leading cause of premature and preventable death in the country, with over 440,000 deaths each year.

The idea for graphic warnings on cigarette boxes is nothing new. Thirty-nine other countries also require large, graphic depictions of health problems associated with long-term smoking. Studies have shown that pictorial warnings make a greater impression than warnings that are purely textual. Canada, the first country to introduce graphic warnings on cigarette boxes, has seen a decline in smokers since introducing the new packaging.

However, these graphic warnings may not make it to October 2012. Several cigarette companies plan to contest the legality of the labels in federal court based on property and free-speech rights. Additionally, a federal judge in Kentucky has already ruled that the Food and Drug Administration could require graphic warning labels but they could not restrict a cigarette company’s use of colors in their packaging, as it would infringe upon free speech. This ruling is currently being appealed.