That golden age would not last. The 1960s marked a turning point for the tobacco industry. In 1964 the surgeon general issued a bombshell report that made the case against cigarettes and eventually led to warning labels on cigarette packs, advertising bans, and, in time, skepticism about the role candy companies played in the kiddie-to-adult smoker pipeline.
North Dakota had already passed the nation's first statewide candy cigarette ban by this point, but it was repealed just as the idea was taking hold in other parts of the country. In 1970, Pennsylvania Rep. Fred B. Rooney called for a ban in the unsuccessful "Candy Cigarette Act." In 1971, a bill was proposed in New York State to prohibit the sale of candies that approximated pipes, cigarettes, or cigars. The New York State Association of Tobacco and Candy Distributors, a group comprised of companies supplying the nation's corner stores with sweets and smokes, led the charge against it, arguing that even the precious Tootsie Roll could be banned if this bill were to become law. The bill failed. (Those repellant Tootsie Rolls, sadly, are still with us.)