There are only two categorical exceptions: (a) when the depiction unambiguously reflects the dangers and consequences of tobacco use, or (b) the depiction exclusively represents the tobacco use of an actual person, as in a biographical drama or documentary. 86 However, even an R rating for all movies with smoking content will by no means prevent all young people from viewing such films, given that (US) R-rated movies are still watched by a sizeable proportion of adolescents
This is due to successful lobbying, concern that FDA regulation would be taken as approval, a lack of FDA funding, and a 2000 Supreme Court ruling holding that the FDA lacks jurisdiction over tobacco
In the interim, you should get rid of all tobacco products
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