Since the Supreme Court in recent decades has transformed the Commerce Clause into a license for federal intervention in all manner of economic activity, it may be fruitless to note that the Constitution does not authorize Congress to regulate intrastate sales of tobacco. Such old-fashioned concerns aside, the sort of regulations the FDA has proposed would not make much of a dent in underage smoking.
Every state already forbids cigarette sales to minors.
Restrictions on advertising and promotion are hard to square with the First Amendment, and there is little reason to believe they would have a noticeable impact on the level of cigarette consumption. Giving the FDA jurisdiction over tobacco could lead to other mischief. The agency has seriously considered forcing tobacco companies to gradually eliminate nicotine from cigarettes. Proponents of FDA regulation may be sincere when they insist it is not a prelude to prohibition, but history suggests caution. Early in this century, cigarettes were banned in 19 states.