Enforcement

The Food and Drug Administration (FDA) and The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) have authority to enforce federal tobacco laws.

• FDA's Role: Through its Center for Tobacco Products (CTP), the FDA is responsible for carrying out the Family Smoking Prevention and Tobacco Control Act (TCA), which Congress passed in 2009. This law provides broad authority to regulate the manufacturing, distribution, and marketing of tobacco products. FDA helps industry comply with the law by developing and providing compliance training and education. It also monitors industry and retailer compliance through surveillance, inspections, and investigations. When necessary, FDA will take action against non-compliant industries and retailers.
• ATF's Role: The ATF is the federal law enforcement agency with primary jurisdiction over the Contraband Cigarette Trafficking Act (CCTA) and the Prevent All Cigarette Trafficking (PACT) Act. These federal laws prohibit illegal sales of domestically produced and counterfeit cigarettes and tobacco products, which is often linked to violent organized crime and evasion of federal and state tax laws.

Tribes in Washington State are sovereign nations with unique political and legal status. They enforce federal commercial tobacco laws that apply to Tribal lands and their own Tribal regulations. Some Tribes also have commercial tobacco compacts with the State of Washington.

Generally, cigarette sales by Tribes in Washington to non-Indian customers are subject to the state cigarette sales tax. Learn more in Washington State’s Indian Tax Guide.

Washington State Liquor and Cannabis Board (WSLCB) enforcement actions only apply to Tribal owned tobacco retailers if the business is located outside of Tribal lands. WSLCB officers inform Tribal police if they are aware of a potential violation of commercial tobacco laws by a retailer on Tribal lands.

Learn more about Considerations for Tribal Communities under the Federal T21.

Local health departments understand their local communities and are effective partners with WSLCB and FDA in enforcing tobacco laws. They educate and provide resources about compliance with commercial tobacco sales and smoke-free regulations. Some cities and counties have passed no vaping in public places (VIPP) ordinances, with local health departments providing warnings, education, and fines for violations. Partnering with the local health department makes compliance easier for businesses because it reduces the need for unnecessary interactions with state agencies or law enforcement officers.

Washington Breathes encourages policies that focus accountability and enforcement on tobacco manufacturers and retailers. Purchase Use and Possession (PUP) laws target individuals who are using addictive products - rather than industry. The tobacco industry often supports these laws because they shift the focus away from product manufacturers and retailers who are irresponsibly marketing to young people.

Some lawmakers believe PUP laws deter youth tobacco use, but evidence does not support this. Interactions between youth and law enforcement can be harmful and are not effective for preventing use or aiding in cessation.

Black, Indigenous, LGBTQ+, and other youth of color face more targeted marketing by the tobacco industry and are often more negatively impacted by interactions with the criminal justice system. A 2023 Health Impact Review of Washington’s PUP law by the Washington State Board of Health found very strong evidence that “reducing interaction with enforcement officers in some circumstances for some youth will improve health outcomes for these youth.”

Prominent national and state organizations have issued a policy statement advocating for more effective and equitable enforcement that targets businesses and the tobacco industry, not individuals. Learn more about Decriminalizing Commercial Tobacco: Addressing Systemic Racism in the Enforcement of Commercial Tobacco Control.