Clark County, Nevada has a number of restrictions on the use of chewing tobacco. All indoor areas of restaurants must be free of smoke and vaping, while smoking and using electronic vaping products are still allowed in outdoor areas. Restaurants located inside gaming establishments or casinos are also required to prohibit smoking and the use of electronic products for vaping. Independent bars, taverns and lounges where customers under 21 years of age are not allowed to enter may allow smoking and the use of electronic vaping products.
The Nevada Revised Statute (NRS) 202.2483 and the Nevada Clean Indoor Air Act provide more information on smoking and tobacco laws in Nevada. According to these laws, failure to comply with any applicable provision regarding the sale, distribution and use of smokeless cigarettes and tobacco causes the product to be mislabeled. The FDA has carefully considered whether this section should be amended in light of existing First Amendment case law, including the United States Supreme Court decision in Lorillard Tobacco Co. The FDA intends to use the information submitted in response to this advance notification of the proposed regulation, along with information from the existing registry and other information developed since the publication of the final standard in 1996, to inform its regulation of outdoor advertising of cigarettes and smokeless tobacco.
Exposure to second-hand smoke occurs when a tobacco product is smoked in an enclosed area or near another person. It includes tobacco, in any form, that is functional in the product and that, due to its appearance, type of tobacco used in the packaging or its packaging and labeling, consumers are likely to offer or buy in the form of a cigarette or rolling tobacco. No retailer may break or otherwise open any pack of cigarettes or smokeless tobacco to sell or distribute individual cigarettes or a quantity of unpackaged cigarettes that is less than the quantity in the minimum size of the pack of cigarettes defined by law. Additionally, no manufacturer, distributor or retailer may offer or cause any gift or item (other than cigarettes or smokeless tobacco) to any person who buys cigarettes or smokeless tobacco in return for their purchase, or to any person in exchange for providing proof such as credits, proof of purchase or coupons.
Manufacturers, distributors and retailers are also prohibited from sponsoring any sporting, musical, artistic or social or cultural event, nor any participation or team under any circumstances, in the name of a brand (alone or together with any other word), logo, symbol, motto, sales message, color or pattern of recognizable colors or any other identification indication of a product identical or similar to those used for any brand of cigarettes or smokeless tobacco. As required by the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), the FDA is issuing a final rule that is identical to the provisions of the final rule on cigarettes and smokeless tobacco published by the FDA in 1996, with certain mandatory exceptions. Residents age 13 and older can call the Nevada Quit Line at 1-800-QUIT NOW (1-800-784-866) from a Nevada area code to access a free service by phone. Manufacturers, distributors and retailers who intend to disseminate advertising or labeling of cigarettes or smokeless tobacco in a medium not listed by law must notify the agency 30 days before using such medium.
Additionally, no manufacturer, distributor or retailer may distribute free samples of cigarettes, smokeless tobacco, or other tobacco products. Article 102 of the Tobacco Control Act requires the FDA to publish a final rule on cigarettes and smokeless tobacco identical in its provisions to the regulation issued by the FDA in 1996 (61 FR 44396, August 28, 1999), with certain specific exceptions. Retailers may only sell cigarettes or smokeless tobacco in a direct, in-person exchange without the aid of any electronic or mechanical device such as a vending machine.
