Many locales license tobacco vendors, obliging them to meet certain
conditions. In New York City, for example, tobacco vendors must
obtain a license conditioned on the agreement that they will not sell
cigarettes out of the package.As part of a conditional license, state
governments could require SSB vendors to agree to the regulations
suggested above, in addition to other requirements, such as placing
point of purchase warning signs at the check-out. This would mimic
the Surgeon General’s warning on tobacco products but in a sign format placed near the point of purchase. In the United States, the
government should require factual statements, such as scientifically
based health warnings, or calorie, sugar, and caffeine disclosures, so as
not to raise First Amendment concerns.