Are Smoking Pipe Advertisements Legal in the US?

[Dave Edmonds]

Hello, I am a 34-year retired California peace officer, and now editor of the national print magazine, American Police Beat. I'm also a pipe maker, and I make gift pipes for public safety officers.

My publisher will allow me to publish an advertisement if I can provide proof to his insurance underwriter that such an ad is lawful. This area is controlled by the Food & Drug Administration and the Federal Trade Commission. Being an old homicide detective, I think I have searched the internet exhaustively to find specific answers, so far, to no avail. I've also tried calling both organizations, unsuccessfully.

The abundance of what I've found seems to *indicate* that it is lawful, but perhaps with tobacco warnings. I paid a law firm to research this, and all I got was (essentially), suppositions and provisos that amounted to "probably ok". Of course, that's not enough to assuage my publisher and his insurance underwriter. Can you provide me with a certain legal answer, or at least useful information?

I haven't seen a smoking pipe advertisement in mainstream magazines in a long time, but I'm guessing it's because of their expense and that we're a niche market and these publications are read by the predominately non-smoking public.

Thank you kindly,
Dave Edmonds
Santa Rosa, CA

 

[TheIronMonkey]

I wonder if you contact a company like Laudisi (they own smokingpipes.com and Peterson pipes), if you might be able to speak to someone who handles advertising. They might be able to tell you where they are able to place ads and steer you in the right direction.

 

[anotherbob]

^what @TheIronMonkey said plus maybe.
I think it's under the category of enough restrictions and too small of a market. I'd suggest asking someone in the organizations that would handle it. I find if you're polite you can often get helped by the people who work there. Even if you can ask them to help you find the documentation about what the current laws are.
Though honestly I think even if was totally not legal it would fly under the radar, while also being not worth it for the optics of going after a magazine about policing.

 

[Non-Mentholated Black Man]

Welcome from the Birthplace of Texas.

I doubt that you are going to get an affirmation that is concise enough to appease any publisher or insurance underwriter.

Legal codes are typically written in a prohibitive sense (Thou shalt not…),
rather than an affirmative sense (Thou shall/may/can…).

 

[anotherbob]

Welcome from the Birthplace of Texas.

I doubt that you are going to get an affirmation that is concise enough to appease any publisher or insurance underwriter.

Legal codes are typically written in a prohibitive sense (Thou shalt not…),
rather than an affirmative sense (Thou shall/may/can…).

though it should be somewhere that it specifically lists the restrictions.

 

[Non-Mentholated Black Man]

though it should be somewhere that it specifically lists the restrictions.

There are several federal agencies involved in the regulation of tobacco and tobacco products; all of which readily assert their own authority, while simultaneously deferring to the others.


Sample from the Tobacco Tax and Trade Bureau (TTB):
The only law that TTB enforces that relates to advertising of tobacco products and cigarette papers and tubes is a prohibition against lottery features and indecent, immoral picture, print or representation attached to such packages. Refer to section 5723(c) of Title 26 of the United States Code. For advertising in general for such products, the Federal Trade Commission may be helpful. The Federal Trade Commission enforces a variety of federal antitrust and consumer protection laws.

 

[Hillcrest]

Advertising and Promotion

Federal law restricts how tobacco products may be advertised or promoted, including restrictions on free samples, displays, and sponsorships.

www.fda.gov

You will also need to check each state's laws where the publication is being sent. Now, if you call them "Christmas Tree ornaments" it might be a different matter.

 

[bullet08]

Congrats on the early retirement! Peace officers need what they can get. By the way, what is a "Peace Officer"? Is it like Police Officer? As to your question, contact your local barristers, lawyers, blood suckers and ambulance chasers.

 

[UB 40]

Advertising and Promotion

Federal law restricts how tobacco products may be advertised or promoted, including restrictions on free samples, displays, and sponsorships.

www.fda.gov

You will also need to check each state's laws where the publication is being sent. Now, if you call them "Christmas Tree ornaments" it might be a different matter.

All I can read here is regulations about advertising tobacco products. But pipes aren’t tobacco products. There is a ton of advertisements for pipes especially on this forum.

 

[fireground_piper]

All I can read here is regulations about advertising tobacco products. But pipes aren’t tobacco products. There is a ton of advertisements for pipes especially on this forum.

They kind of were under the deeming rules but the advertisement page specific says component or parts are excluded from the warning label requirements of advertisements.

 

[ophiuchus]

Very good question posed here. I’m just lurking to see if there’s a clear answer.

I wonder if you could publish a picture of a pipe without any text specific to its use or function in advertisement. Maybe materials used. I think the intended audience could figure it out.

 

[Pipeoff]

It sounds like your publication has limited potential to sell your product. I would place your pipes for sale on E Bay or check with local B&M shops to sell on consignment. Since we are talking about Federal regulations I will refrain from making comments about living in La La land.

 

[Hillcrest]

All I can read here is regulations about advertising tobacco products. But pipes aren’t tobacco products. There is a ton of advertisements for pipes especially on this forum.

Well, a discerning reader might consider that a pipe could reasonably be considered an accessory for use of tobacco and therefore might be covered by the wording of this particular regulation and therefore further research would need to be done to see if there are any regulations or caselaw that specifically covers or excludes pipes. I was only trying to point out that there are federal and state regulations that govern this issue and no simple single rule; ie: you need to check 51 sets of laws.

 

[UB 40]

Well, a discerning reader might consider that a pipe could reasonably be considered an accessory for use of tobacco and therefore might be covered by the wording of this particular regulation and therefore further research would need to be done to see if there are any regulations or caselaw that specifically covers or excludes pipes. I was only trying to point out that there are federal and state regulations that govern this issue and no simple single rule; ie: you need to check 51 sets of laws.

The regulations are for tobacco. "covered" tobacco products and roll-your-own / cigarette tobacco products. „Covered tobacco product means any tobacco product deemed to be subject to the FD&C Act under § 1100.2 of this chapter (i.e., subchapter K), but excludes any component or part that is not made or derived from tobacco (parts 1140, 1143).“

The discerning reader can only come to one conclusion: the us food & drug administration regulates herein the advertisement only of tobacco products, and not of briar, corncob, meerschaum or clay products.

Warning label for pipes:„Inhaling Briar dust can cause ghosts and spectres“

 

[johnnyflake]

This may help you with what your looking for!

• Response stopped
  Selling smoking pipes in the US is 100% legal and doesn’t require a special license. Because there isn’t any tobacco or cannabis in the product, regulators allow the sale. However, it’s essential to note that the way smoking pipes are marketed is strictly enforced by federal and state governments, as well as popular marketplaces1. While the sale of smoking pipes is permissible, advertising and promotion of these products must comply with relevant regulations.
  The Family Smoking Prevention and Tobacco Control Act imposes restrictions on cigarette and smokeless tobacco product advertising and other marketing. Additionally, the FDA has the authority to impose further restrictions on tobacco product advertising to promote overall public health2. Here are some key points related to advertising and promotion of smoking pipes:
  arning Statements: For tobacco products regulated by the deeming final rule, the FDA requires health warning statements on packages and advertisements for “covered” tobacco products and roll-your-own/cigarette tobacco products. This compliance requirement was effective from August 10, 20183.
  1. Modified Risk Tobacco Products: Manufacturers must stop using descriptors like “light,” “mild,” or “low” unless they have a Modified Risk Tobacco Product order in effect. Other modified risk tobacco products must not be introduced into interstate commerce unless authorized by the FDA3.
  2. Sponsoring Events: Manufacturers, retailers, and distributors are prohibited from sponsoring or causing to be sponsored any athletic, musical, artistic, or other social or cultural events using brand names, logos, symbols, or other product identification associated with cigarettes or smokeless tobacco3.
  3. Use of Brand Name, Logo, and Symbols: Marketing, licensing, distributing, or selling items or services (other than cigarettes or smokeless tobacco) bearing brand names, logos, or other product identification similar to those used for any brand of cigarettes or smokeless tobacco is also restricted3.
  4. Free Sample Restrictions: The distribution of free samples of tobacco products (except for smokeless tobacco products in qualified adult-only facilities) is prohibited3.
  In summary, while smoking pipes themselves can be legally sold, businesses must adhere to advertising regulations to ensure compliance with federal and state laws. If you’re involved in marketing smoking pipes, it’s essential to stay informed about these guidelines to avoid any legal issues.
  

  https://www.bing.com/ck/a?!&&p=eb56...Y28rQWR2ZXJ0aXNlbWVudHMmRk9STT1UUENFWDE&ntb=1​

  
  
  
  
  
  
  
  
  
  

 

[Hillcrest]

 

[Scottmi]

and maybe check with Jeff Knoll of the NASPC. They have ads in their publication, as well as our dear @admin here at Pipesmagazine.com..

 

[admin]

I haven't looked at Cigar Aficionado magazine in a while, but I'm pretty sure they still have full page print ads for cigars. I would get a copy of that and see what type of disclaimer they have on the ads. I think it's similar to what they used to put on cigarette ads.

 

[admin]

Also, as I said in my email response to you last week - contact Chuck Stanion at smokingpipes.com. He used to be the editor of Pipes & Tobaccos Magazine and I'm sure he has the answer.

 

[Non-Mentholated Black Man]

Also, as I said in my email response to you last week - contact Chuck Stanion at smokingpipes.com. He used to be the editor of Pipes & Tobaccos Magazine and I'm sure he has the answer.

Unlike the other replies (including my own) to the question posed in this post, the above might actually prove to be of some benefit. With that being the case, I have to ask:

Did the op (Dave Edmonds) contact Chuck Stanion before registering an account and posting this thread?