Advertising

Research shows that youth are affected twice as much as adults by tobacco advertising. One-third of youth try smoking because of advertisements from tobacco companies. Because of this, there are laws in Utah about how commercial tobacco can be advertised. (UCA 76-9-1102)

In Utah, tobacco retailers cannot advertise a tobacco product, an electronic cigarette product, or a nicotine product unless they are both licensed and permitted to sell these products. For the definitions of tobacco products, electronic cigarette products, and nicotine products, please go to UCA 76-9-1101.

If a business is allowed to advertise electronic cigarette products, it cannot market the products as cessation devices (UCA 26B-7-505(5)).

The Master Settlement Agreement (MSA) states that commercial tobacco advertising outside of stores must be limited to 14 square feet. The MSA has other restrictions on the advertising of commercial tobacco products. Please consult with legal counsel on how best to comply with these requirements.

Utah laws restrict how retailers sell tobacco products, electronic cigarette products, and nicotine products to the public. Most retailers can only sell these products in a retail establishment when they are face-to-face with the customer. This means that retailers cannot use vending machines and self-service displays for tobacco products, electronic cigarette products, and nicotine products. The only exception to this requirement is for businesses permitted as retail tobacco specialty businesses. For all other businesses, retailers need to keep tobacco products, electronic cigarette products, and nicotine products out of the reach of their customers. The purpose of this law is to prevent individuals younger than 21 from having direct access to tobacco products, electronic cigarette products, and nicotine products.

Please go to UCA 76-9-1107 for more information.

In Utah, businesses cannot:

Give or distribute any smokeless tobacco, chewing tobacco, electronic cigarette products, cigarettes or other tobacco products to customers without charge.*

Only cigarettes and other tobacco products can be given to customers upon the purchase of another tobacco product.

Cannot sell, offer for sale, or furnish any electronic cigarette product at less than cost or cannot discount electronic cigarette products below cost when the customer makes another purchase.

A person who violates these laws is guilty of:

First offense: Class C misdemeanor
Subsequent offense: Class B misdemeanor

For more information see UCA 76-9-1112 and UCA 76-9-1113

*Businesses can give cigarettes, smokeless tobacco, chewing tobacco, other tobacco products, and electronic cigarette products free of charge at professional conventions where the general public is not invited.

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