Are Candy Cigarettes Legal in the United States?

While nations like Canada, England, Brazil, Finland, Norway, and Ireland have banned candy cigarettes, these products remain legal for sale in the United States. However, the word “cigarette” can no longer appear on the packaging, a result of the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) of 2009. Let’s explore the history and current status of these controversial products in America.

What Are Candy Cigarettes?

Candy cigarettes are confectionery products designed to resemble real cigarettes. They typically come in a small box mimicking a cigarette pack, with the candy sticks inside resembling cigarettes in size and shape. In the past, some brands even closely imitated the packaging of popular cigarette brands like Marlboro and Winston.

While these candies might seem like harmless fun to some, studies have shown a troubling link between childhood candy cigarette use and adult smoking habits. In a 2006 survey of over 25,000 adults in the United States, 88% of respondents – both smokers and non-smokers – reported having used candy cigarettes during childhood. The data revealed that children who used candy cigarettes were more likely to become smokers in adulthood.

The Global Health Impact of Tobacco

To understand the concern around candy cigarettes, it’s important to recognize the devastating impact of tobacco use worldwide:

Tobacco-related illnesses claim nearly 8 million lives every year globally.
The global economy loses more than $1.5 trillion annually due to tobacco-related health problems.
In Louisiana alone, one out of every three cancer deaths is caused by smoking.

Given these staggering statistics, many argue that tobacco products and their likenesses should not be marketed to children in any form, even as candy. Critics see candy cigarettes as a way for the tobacco industry to normalize and glamorize smoking for young, impressionable minds.

Attempts to Ban Candy Cigarettes in the US

The United States has considered banning candy cigarettes outright, following the lead of other nations. North Dakota actually did ban them from 1953 to 1967. More recently, in January 2021, members of the Illinois General Assembly tried to pass the Candy Packaged to Resemble Cigarettes Prohibition Act, which would have prohibited the sale or distribution of candy cigarettes in Illinois. The act ultimately died in the Illinois Senate.

However, these efforts were somewhat redundant, as candy cigarettes had already been made illegal in 2009 by the Tobacco Control Act, which banned candy and fruit-flavored cigarettes that appeal to children.

Manufacturers Skirt the Law with “Candy Sticks”

After the 2009 ban, manufacturers of candy cigarettes in the United States simply removed the word “cigarettes” from their packaging and continued selling their products under names like “candy sticks.” As recently as Autumn 2023, reporters from KTAL found imitation nicotine products at a gas station near their studio.

This loophole allows candy cigarette manufacturers to continue marketing a product that, while not explicitly called “cigarettes,” still closely resembles them in appearance. Critics argue that this does little to address the underlying issue of normalizing and glamorizing smoking for children.

The Need for Stronger Regulation

As long as candy cigarettes – or “candy sticks” – remain on store shelves, they pose a potential risk of promoting positive associations with smoking among children. The Surgeon General’s Advisory against Smoking, released in 1964, made it clear that tobacco products are deadly. Yet, more than 50 years later, products that mimic cigarettes are still being marketed to children in the United States.

To truly protect children from the influence of tobacco, many argue that the United States needs stronger regulations around products like candy cigarettes. Closing the loophole that allows them to be sold as “candy sticks” would be a start. Ultimately, it may take an outright ban, as other countries have implemented, to fully address the issue.

As a concerned citizen, you have the power to advocate for change. Writing to your U.S. Congress representatives is one way to make your voice heard on this important public health issue. By working together to protect children from the influence of tobacco, we can help build a healthier, smoke-free future for the next generation.

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.