PUP Laws

Tobacco Purchase, Use, Possession

Oppose laws that criminalize youth for the possession, use, or purchase (PUP) of tobacco and nicotine products.

Key Concerns:

  • PUP laws shift the blame from the industry to youth, ignoring decades of targeted marketing by tobacco companies.
  • These laws have been shown to be inequitable, with enforcement often targeting youth of color at higher rates.
  • Criminalizing tobacco use discourages youth from seeking help to quit and undermines prevention and education efforts.
  • Public health experts, including the CDC, recommend focusing enforcement on retailers and the tobacco industry—not young people.

 

Why PUP Laws Don’t Work:

Research shows that PUP laws:

  • Fail to reduce youth tobacco use rates over time
  • Do not address the root cause of access—retail availability and marketing
  • Create barriers to cessation by criminalizing addiction
  • Divert resources away from proven prevention strategies

 

A Better Path Forward:

PACT supports positive, community-based solutions that empower youth rather than penalize them. This includes:

  • Investing in tobacco prevention education
  • Expanding youth cessation programs that are trauma-informed and culturally responsive
  • Enforcing penalties on retailers who illegally sell to youth
  • Restricting the availability and marketing of tobacco products in youth-accessible spaces

For the PUP Law Opposition Fact Sheet

Why It Matters

PACT believes in holding the tobacco industry—not young people—accountable for youth tobacco use. PUP laws punish the very individuals targeted by predatory marketing, rather than addressing the real cause of the problem: the widespread and unregulated sale of tobacco products, especially flavored and high-nicotine options designed to appeal to youth.

Criminalizing youth for using tobacco products is ineffective, inequitable, and counterproductive to public health. These laws disproportionately impact marginalized communities, contribute to unnecessary involvement in the justice system, and do nothing to prevent the sale or marketing of tobacco products in the first place.