us tourism laws

Tourism Laws in the United States

Our Hollywood tours are subject to the same oversight and laws that other tour companies, hospitality companies and cruise lines are. Tourism is a significant industry in the United States, contributing to economic growth and providing numerous employment opportunities. While there isn’t a single comprehensive federal law specifically regulating tourism or tour companies, several federal and state laws, regulations, and guidelines govern various aspects of this industry. In this essay, I will discuss key legal considerations that impact tourism and tour companies in the United States.At the federal level, several laws and agencies indirectly impact tourism. The most prominent of these is the Travel Promotion Act of 2009, which established Brand USA, a public-private partnership designed to promote the United States as a travel destination. Brand USA plays a pivotal role in marketing the country to international tourists.The transportation sector is vital for tourism, and the Federal Aviation Administration (FAA) regulates air travel. Airlines must comply with a range of federal regulations, including safety, security, and consumer protection standards. The Air Carrier Access Act (ACAA) is especially relevant for tour companies and tourism as it enforces accessibility standards for individuals with disabilities. Tour companies must ensure that they accommodate passengers with disabilities when contracting with airlines.

The Federal Trade Commission (FTC) plays a significant role in regulating advertising and marketing practices. This is particularly important for tour companies, as many aspects of their business rely on effective advertising and promotion. The FTC’s guidelines on truth in advertising apply to all businesses, including those in the tourism industry.

Immigration laws also have implications for tourism, as they dictate entry requirements for international tourists. The U.S. Customs and Border Protection (CBP) oversees immigration and customs processes, and tour companies often need to ensure that their clients have the necessary visas and documentation to enter the country legally. Any violations can have serious legal consequences.

The Department of Transportation (DOT) regulates various aspects of transportation, including rules for cruise lines and travel agencies. It requires that travel agents disclose specific information about the flights they sell, including the total price, baggage fees, and cancellation policies. For cruise lines, the Cruise Vessel Security and Safety Act (CVSSA) establishes security and safety requirements for cruise ships operating in U.S. waters, which can impact tour companies offering cruise packages.

Cruise ship: high seas tourism

In addition to federal laws, state laws play a significant role in regulating tourism and tour companies. For instance, many states have specific regulations regarding the operation of tour companies, which can include licensing requirements, insurance mandates, and safety regulations. These vary from state to state, so tour operators must be aware of and comply with the specific rules in the states where they operate.

Employment laws also affect the tourism industry. Tour companies must adhere to federal and state labor laws, which dictate minimum wage, overtime, and working conditions for employees. They are also subject to employment discrimination laws and are required to provide a safe and harassment-free workplace. Environmental laws are crucial, as many tours take place in natural or protected areas. The National Park Service (NPS) and the U.S. Forest Service (USFS) are responsible for managing national parks and forests, and tour operators often need permits to conduct business in these areas. They must comply with environmental regulations to minimize their impact on the natural environment.

Tourism law governs Hollywood bus tours

Moreover, tour companies must consider liability and insurance laws. Depending on the types of tours they offer, they may need various types of insurance coverage, such as general liability, professional liability, or even specialized coverage for adventure activities. Liability laws can be complex, and tour operators should seek legal counsel to ensure they have adequate protection in place.

Intellectual property laws can also come into play in the tourism industry. Tour companies must be cautious about using copyrighted materials, such as images or maps, in their marketing materials and websites. They must also protect their own intellectual property, including branding and trademarks. The COVID-19 pandemic significantly impacted the tourism industry and introduced new regulations and guidelines. The Centers for Disease Control and Prevention (CDC) issued guidelines for travel during the pandemic, and tour operators had to adapt to changing health and safety requirements. The pandemic underscored the importance of flexibility and risk management in the industry.

Tour operators should be aware of consumer protection laws, which ensure fair treatment of customers. These laws govern aspects like refunds, cancellations, and accurate information provision. The Federal Trade Commission and state attorney generals’ offices enforce these regulations.

The Americans with Disabilities Act (ADA) is another critical law for tour companies. It prohibits discrimination on the basis of disability and requires businesses to make reasonable accommodations for individuals with disabilities. This includes accessible facilities and services for disabled tourists.

Disabled person sign part of tourism law in U.S.

In the context of the sharing economy, companies like Airbnb and Uber have faced legal challenges and regulations in various states and municipalities. These challenges may indirectly affect the tourism industry, especially in the lodging and transportation sectors.

Laws governing safety standards and liability for outdoor and adventure tourism activities can be complex and vary from state to state. Tour operators offering activities such as white-water rafting, zip-lining, or hiking should carefully consider the legal risks and liability protections available to them.

Taxation is another aspect tour companies must navigate. They are subject to federal and state income taxes, and they may also be subject to various local taxes, depending on where they operate. Sales and lodging taxes are also common, and tour operators must collect and remit these taxes as required by law.

Tourism businesses that deal with international tourists must also consider international trade and customs regulations. This includes import and export restrictions, visas, and customs declarations.

In conclusion, while there isn’t a single federal law specifically regulating tourism or tour companies in the United States, various federal and state laws impact different aspects of the industry. These encompass transportation, advertising, immigration, employment, environmental, intellectual property, health and safety, consumer protection, disability accommodations, sharing economy, liability, taxation, and international trade regulations.

Tour companies must be vigilant in staying up to date with the ever-evolving legal landscape to ensure compliance with the relevant laws and regulations, as non-compliance can lead to significant legal consequences. Legal counsel and industry associations can be valuable resources to help tour companies navigate the complex web of regulations and ensure that they operate in a lawful and responsible manner while delivering memorable experiences to their clients.

From vaccines to testing: What travelers need to know before the new US travel system on Nov. 8

• The U.S. is launching a new travel system on Nov. 8.
• Vaccinated foreign air travelers will need to show proof of full vaccination and test for COVID-19.
• The new travel system also adds more stringent testing requirements for unvaccinated U.S. travelers.

The United States is about to make it much easier for vaccinated international travelers to visit.  

The White House announced that a new air travel system will take effect Nov. 8, allowing entry for fully vaccinated foreign tourists .  The system is set to launch nearly two years after the U.S. began imposing travel restrictions to prevent the spread of COVID-19 . 

The move by the White House will essentially have the U.S. drop its travel ban on dozens of countries while also making entry more challenging for the unvaccinated. The new system will allow entry for foreign nationals only with vaccinations approved for emergency use by the World Health Organization and would add testing requirements for unvaccinated Americans.

Here’s what we know about the new travel requirements:

What are the entry requirements for foreign nationals?

Starting Nov. 8, non-citizen, non-immigrant air travelers   will need to show proof of full vaccination as well as a pre-departure negative coronavirus test taken within three days of travel before they can board a plane to the U.S. 

Learn more: Best travel insurance

Acceptable forms of proof of vaccination include:

• Digital or paper verifiable record, such as a vaccination certificate or a digital pass with a QR code.  
• Nonverifiable paper record, such as a printout of a COVID-19 vaccination record or COVID-19 vaccination certificate.
• Nonverifiable digital record, such as a digital photo of a vaccination card or record, downloaded vaccine record, downloaded vaccination certificate or a mobile phone application without a QR code.  

The U.S. will accept nucleic acid amplification tests, including PCR tests, and antigen tests. The rules will go into effect for passengers on planes leaving for the U.S. at or after 12:01 a.m. ET on Nov. 8.  

Airlines will collect basic personal contact information   from all U.S.-bound travelers for contact tracing. Airlines are required to keep the information on hand so the Centers for Disease Control and Prevention   can reach out to travelers who may have been infected or exposed to COVID-19.

Masking will be required, but there will be no quarantine mandate for vaccinated travelers or unvaccinated children .

► US  travel bans: How COVID-19 travel restrictions have impacted families and couples

The change will make entering the U.S. possible for travelers from countries now listed on the U.S. travel ban, which prohibits entry for travelers who have been in any of the regions within the past 14 days. The travel ban  took effect in early 2020 and includes :

• United Kingdom
• Republic of Ireland
• South Africa
• The European Schengen area (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, Monaco, San Marino and Vatican City)

Currently, the U.S. asks international air passengers only to get tested within three days of their flight to the U.S. and show either the negative test result or proof of recovery  from COVID-19 before boarding. 

What about the land borders with Mexico and Canada?

New travel rules will also take effect for foreign nationals arriving by land or passenger ferry.

Starting Nov. 8, fully vaccinated foreign nationals can cross the land borders for nonessential reasons such as tourism or visiting friends and family . These travelers will need to verbally attest to their reason for travel and vaccination status and be prepared to show proof of vaccination  upon request. U.S. Customs and Border Protection will accept both digital and paper records showing proof of vaccination, including documents not in English.   Foreign nationals will also need appropriate travel documentation to enter the country.  

CBP will spot-check travelers' vaccination documents, and those without documented proof of vaccination can be denied entry. Travelers under 18 will be exempt from the vaccination requirement as long as they are traveling with a fully vaccinated adult, according to Matthew Davies, CBP's executive director of admissibility and passenger programs.  

The new travel rules will go into effect as soon as a port of entry opens on Nov. 8, or at midnight for ports that operate 24 hours a day changes will go into effect at midnight on Nov. 8 for ports that operation 24 hours a day.  

U.S. citizens reentering the country should also bring a Western Hemisphere Travel Initiative document, such as a valid passport, trusted traveler program card, enhanced driver's license or enhanced tribal card. 

Entry rules along the border will change again in early January, with all travelers – including those traveling for essential purposes – required to show proof of full vaccination. 

► US land borders: Travelers in Mexico and Canada plan their next US visit after new land border policy announced

Which vaccines does the US accept for travel?

The CDC has announced that vaccines approved for emergency use by the U.S. Food and Drug Administration and World Health Organization will be accepted for air travel. White House officials expect the CDC to approve the same vaccines for travelers entering the U.S. by land or ferry.  

The FDA has authorized three COVID-19 vaccines for emergency use during the pandemic: Moderna, Johnson & Johnson and Pfizer-BioNTech, the last of which has received the FDA's full stamp of approval.

Vaccines with WHO approval for emergency use include:

• Johnson & Johnson
• Pfizer-BioNTech
• Oxford-AstraZeneca/Covishield 

The CDC confirmed that it would accept a mix-and-match approach to vaccinations. Travelers who have any combination of FDA- or WHO-approved vaccines will be considered fully vaccinated.

The new travel policy does not accept foreign travelers who have had COVID and received just one shot in a two-dose series. White House press secretary Jen Psaki said Tuesday that the administration will "continue to review" its entry requirements.  

► Covaxin gets WHO emergency approval: Travelers vaccinated with Covaxin can enter US   

► 'You feel lonely and left out': These fully vaccinated travelers want to visit the US. They may not be allowed in.

How do the new rules affect kids? 

Foreign nationals under 18 are exempt from the vaccination requirement. Children under two will not need to take a pre-departure COVID test.

Kids 2 and older traveling with a fully vaccinated adult can test three days prior to departure, while children traveling alone or with unvaccinated adults will need to get tested within one day of departure. 

Currently, all air passengers 2 or older, including U.S. citizens and permanent residents, need to show a negative coronavirus test to fly to the U.S.

What are the entry requirements for Americans?

The new travel system adds more stringent testing requirements for unvaccinated U.S. travelers.

Starting Nov. 8, unvaccinated U.S. citizens and permanent residents will need to take a test one day before departure and test again upon arrival in the U.S. 

► New travel rules: What US travelers need to know about the new COVID rules for international flights

Entry requirements will not change for vaccinated Americans. They will still need to show proof of a negative coronavirus test taken no more than three days before departure. 

Americans will not need to be fully vaccinated to board international flights to the U.S.

Are there any exemptions?

There is a limited set of travelers who are exempt from the vaccine requirement for entry.

Children under 18, certain COVID-19 vaccine clinical trial participants and travelers with adverse reactions to the vaccines – such as people who have had severe anaphylactic allergic reactions to a prior COVID-19 vaccine –  will be exempt.

People traveling on non-tourist visas from countries with less than 10% of its population vaccinated who need to enter the U.S. for emergency or humanitarian reasons are also exempt from the vaccine requirement. There are about 50 countries considered to have low vaccine availability at this time.

These exempt travelers will generally need to show that they will comply with public health mandates, including a requirement to be vaccinated in the U.S. if they plan to stay more than 60 days.  

Unless they have recovered from COVID-19 within the last 90 days, unvaccinated travelers  must agree to be tested with a COVID-19 viral test three to five days after their arrival and quarantine for seven days, even if their post-arrival test comes back negative. 

Unvaccinated travelers who are not U.S. citizens or permanent residents must also agree to self-isolate if their post-arrival test is positive or if they develop COVID-19 symptoms. 

Unvaccinated children under 18 will not need to quarantine but will still need to take a post-arrival test. 

► Who is exempt?: These select groups of unvaccinated foreign travelers can enter the US

The CDC will not give exemptions  to people who object to the vaccinations due to religious or moral convictions. 

There will also be testing accommodations for travelers who can prove they recently recovered from the coronavirus. These travelers will need to show a positive COVID-19 viral test result on a sample taken no more than 90 days before their flight's departure and a letter from a licensed healthcare provider or public health official saying they are cleared for travel.  

Follow USA TODAY reporter Bailey Schulz on Twitter: @bailey_schulz . 

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• Fact Sheets

Frequently Asked Questions: Guidance for Travelers to Enter the U.S.

Updated Date: April 21, 2022

Since January 22, 2022, DHS has required non-U.S. individuals seeking to enter the United States via land ports of entry and ferry terminals at the U.S.-Mexico and U.S.-Canada borders to be fully vaccinated for COVID-19 and provide proof of vaccination upon request.  On April 21, 2022, DHS announced that it would extend these requirements. In determining whether and when to rescind this order, DHS anticipates that it will take account of whether the vaccination requirement for non-U.S. air travelers remains in place.

These requirements apply to non-U.S. individuals who are traveling for essential or non-essential reasons. They do not apply to U.S. citizens, Lawful Permanent Residents, or U.S. nationals.

Effective November 8, 2021, new air travel requirements applied to many noncitizens who are visiting the United States temporarily. These travelers are also required to show proof of COVID-19 vaccination. All air travelers, including U.S. persons, must test negative for COVID-19 prior to departure. Limited exceptions apply. See  CDC guidance  for more details regarding air travel requirements.

Below is more information about what to know before you go, and answers to Frequently Asked Questions about cross-border travel.

Entering the U.S. Through a Land Port of Entry or Ferry Terminal

Q. what are the requirements for travelers entering the united states through land poes.

A:  Before embarking on a trip to the United States, non-U.S. travelers should be prepared for the following:

• Possess proof of an approved COVID-19 vaccination as outlined on the  CDC  website.
• During border inspection, verbally attest to their COVID-19 vaccination status. 
• Bring a  Western Hemisphere Travel Initiative  compliant border crossing document, such as a valid passport (and visa if required), Trusted Traveler Program card, a Department of State-issued Border Crossing Card, Enhanced Driver’s License or Enhanced Tribal Card when entering the country. Travelers (including U.S. citizens) should be prepared to present the WHTI-compliant document and any other documents requested by the CBP officer.

 Q. What are the requirements to enter the United States for children under the age of 18 who can't be vaccinated?

A:  Children under 18 years of age are excepted from the vaccination requirement at land and ferry POEs.

Q: Which vaccines/combination of vaccines will be accepted?

A:  Per CDC guidelines, all Food and Drug Administration (FDA) approved and authorized vaccines, as well as all vaccines that have an Emergency Use Listing (EUL) from the World Health Organization (WHO), will be accepted.

Accepted Vaccines:

• More details are available in CDC guidance  here .
• 2 weeks (14 days) after your dose of an accepted single-dose COVID-19 vaccine;
• 2 weeks (14 days) after your second dose of an accepted 2-dose series;
• 2 weeks (14 days) after you received the full series of an accepted COVID-19 vaccine (not placebo) in a clinical trial;
• 2 weeks (14 days) after you received 2 doses of any “mix-and-match” combination of accepted COVID-19 vaccines administered at least 17 days apart.

Q. Is the United States requiring travelers to have a booster dose to be considered fully vaccinated for border entry purposes?

A:  No. The CDC guidance for “full vaccination” can be found here.

Q: Do U.S. citizens or lawful permanent residents need proof of vaccination to return to the United States via land POEs and ferry terminals?

A:  No. Vaccination requirements do not apply to U.S. citizens, U.S. nationals, or Lawful Permanent Residents (LPRs). Travelers that exhibit signs or symptoms of illness will be referred to CDC for additional medical evaluation.

Q: Is pre- or at-arrival COVID testing required to enter the United States via land POEs or ferry terminals?

A: No, there is no COVID testing requirement to enter the United States via land POE or ferry terminals. In this respect, the requirement for entering by a land POE or ferry terminal differs from arrival via air, where there is a requirement to have a negative test result before departure.

Processing Changes Announced on January 22, 2022 

Q: new changes were recently announced. what changed on january 22.

A:  Since January 22, 2022, non-citizens who are not U.S. nationals or Lawful Permanent Residents have been required to be vaccinated against COVID-19 to enter the United States at land ports of entry and ferry terminals, whether for essential or nonessential purposes. Previously, DHS required that non-U.S. persons be vaccinated against COVID-19 to enter the United States for nonessential purposes.  Effective January 22, all non-U.S. individuals, to include essential travelers, must be prepared to attest to vaccination status and present proof of vaccination to a CBP officer upon request. DHS announced an extension of this policy on April 21, 2022.

Q: Who is affected by the changes announced on January 22?

A: This requirement does not apply to U.S. citizens, U.S. nationals, or U.S. Lawful Permanent Residents. It applies to other noncitizens, such as a citizen of Mexico, Canada, or any other country seeking to enter the United States through a land port of entry or ferry terminal.

Q: Do U.S. citizens need proof of vaccination to return to the United States via land port of entry or ferry terminals?

A: Vaccination requirements do not apply to U.S. Citizens, U.S. nationals or U.S. Lawful Permanent Residents. Travelers that exhibit signs or symptoms of illness will be referred to CDC for additional medical evaluation. 

Q: What is essential travel?

A:  Under the prior policy, there was an exception from temporary travel restrictions for “essential travel.” Essential travel included travel to attend educational institutions, travel to work in the United States, travel for emergency response and public health purposes, and travel for lawful cross-border trade (e.g., commercial truckers). Under current policy, there is no exception for essential travel.

Q: Will there be any exemptions? 

A: While most non-U.S. individuals seeking to enter the United States will need to be vaccinated, there is a narrow list of exemptions consistent with the Centers for Disease Control and Prevention (CDC) Order in the air travel context.

• Certain categories of individuals on diplomatic or official foreign government travel as specified in the CDC Order
• Children under 18 years of age;
• Certain participants in certain COVID-19 vaccine trials as specified in the CDC Order;   
• Individuals with medical contraindications to receiving a COVID-19 vaccine as specified in the CDC Order;
• Individuals issued a humanitarian or emergency exception by the Secretary of Homeland Security;
• Individuals with valid nonimmigrant visas (excluding B-1 [business] or B-2 [tourism] visas) who are citizens of a country with limited COVID-19 vaccine availability, as specified in the CDC Order
• Members of the U.S. Armed Forces or their spouses or children (under 18 years of age) as specified in the CDC Order; and
• Individuals whose entry would be in the U.S. national interest, as determined by the Secretary of Homeland Security.

Q: What documentation will be required to show vaccination status?

A:  Non-U.S. individuals are required to be prepared to attest to vaccination status and present proof of vaccination to a CBP officer upon request regardless of the purpose of travel.

The current documentation requirement remains the same and is available on the CDC website . Documentation requirements for entry at land ports of entry and ferry terminals mirror those for entry by air.

Q: What happens if someone doesn’t have proof of vaccine status?

A: If non-U.S. individuals cannot present proof of vaccination upon request, they will not be admitted into the United States and will either be subject to removal or be allowed to withdraw their application for entry.

Q: Will incoming travelers be required to present COVID-19 test results?

A: There is no COVID-19 testing requirement for travelers at land border ports of entry, including ferry terminals.

Q: What does this mean for those who can't be vaccinated, either due to age or other health considerations? 

A: See CDC guidance for additional information on this topic. Note that the vaccine requirement does not apply to children under 18 years of age.

Q: Does this requirement apply to amateur and professional athletes?

A: Yes, unless they qualify for one of the narrow CDC exemptions.

Q: Are commercial truckers required to be vaccinated?

A: Yes, unless they qualify for one of the narrow CDC exemptions. These requirements also apply to bus drivers as well as rail and ferry operators.

Q. Do you expect border wait times to increase?

A:  As travelers navigate these new travel requirements, wait times may increase. Travelers should account for the possibility of longer than normal wait times and lines at U.S. land border crossings when planning their trip and are kindly encouraged to exercise patience.

To help reduce wait times and long lines, travelers can take advantage of innovative technology, such as facial biometrics and the CBP OneTM mobile application, which serves as a single portal for individuals to access CBP mobile applications and services.

Q: How is Customs and Border Protection staffing the ports of entry? 

A: CBP’s current staffing levels at ports of entry throughout the United States are commensurate with pre-pandemic levels. CBP has continued to hire and train new employees throughout the pandemic. CBP expects some travelers to be non-compliant with the proof of vaccination requirements, which may at times lead to an increase in border wait times. Although trade and travel facilitation remain a priority, we cannot compromise national security, which is our primary mission. CBP Office of Field Operations will continue to dedicate its finite resources to the processing of arriving traffic with emphasis on trade facilitation to ensure economic recovery.

Q: What happens if a vaccinated individual is traveling with an unvaccinated individual?  

A:  The unvaccinated individual (if 18 or over) would not be eligible for admission.

Q: If I am traveling for an essential reason but am not vaccinated can I still enter?

A:  No, if you are a non-U.S. individual. The policy announced on January 22, 2022 applies to both essential and non-essential travel by non-U.S. individual travelers. Since January 22, DHS has required that all inbound non-U.S. individuals crossing U.S. land or ferry POEs – whether for essential or non-essential reasons – be fully vaccinated for COVID-19 and provide related proof of vaccination upon request.

Q: Are sea crew members on vessels required to have a COVID vaccine to disembark?

A:  Sea crew members traveling pursuant to a C-1 or D nonimmigrant visa are not excepted from COVID-19 vaccine requirements at the land border. This is a difference from the international air transportation context.

Entering the U.S. via Air Travel

Q: what are the covid vaccination requirements for air passengers to the united states  .

A:  According to CDC requirements [www.cdc.gov/coronavirus/2019-ncov/travelers/noncitizens-US-air-travel.html | Link no longer valid], most noncitizens who are visiting the United States temporarily must be fully vaccinated prior to boarding a flight to the United States. These travelers are required to show proof of vaccination. A list of covered individuals is available on the CDC website.  

Q: What are the COVID testing requirements for air passengers to the United States?  

A:  Effective Sunday, June 12 at 12:01 a.m. ET, CDC will no longer require pre-departure COVID-19 testing for U.S.-bound air travelers.

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Almost a million individuals enter the U.S. daily. Everyone arriving at a port of entry to the U.S. is subject to inspection by Customs and Border Protection officers for compliance with immigration, customs and agriculture regulations. The more international travelers know about what to expect, the easier and quicker the process becomes.  

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Travel & tourism law: What you need to know in 2021

Tourism and hospitality are intimately linked with rules and regulations. It helps to guarantee that tourists and industry personnel work in a decent and equal environment.

The travel and tourism sector encompasses a wide range of commercial operations such as transportation, accommodation, entertainment, meals, and retail goods. This established area of the American economy accounts for 2.9 % of the gross domestic product (GDP) of the country and openly employs 5.7 million persons. While employment and real output in travel and tourism have grown in recent years, they have not entirely recovered from the 2007-2009 crisis. In this context, Congress will consider reauthorizing or extending the Travel Promotion Act of 2009, which launched a nationwide promotion and marketing push to attract overseas tourists to spend time in the US. In the post-world war II era, the global travel and tourism industry grew to become a significant economic area for many countries. According to the WTTC, global travel and tourism activities directly supported more than 100 million employments in 2012, and this figure is expected to rise to 125 million by 2023. International struggle for tourists is extreme. In 1980, Europe and North America were the world's top tourist destinations, accounting for more than 80% of the worldwide market. 

Over the previous several decades, there have been a considerable number of researches created on the specific issue of tourism activities, with an emphasis on the internal movements of tourism. However, legal scientific study on the nature of tourist regulation is still in its early stages. Furthermore, managers of hospitality and tourist-related firms must grasp not just the day-to-day operations of their organization, but also the legal elements of hospitality and tourism management as a whole.

Types of tourism Tourism includes a wide range of activities, as user partialities have shifted from mass tourism, which is characterized by a huge number of persons seeking travel and cultural involvements parallel to their own, to unusual methods of tourism, which emphasize a greater level of contact between host and tourist. The following are some of the main or fast-rising tourist sectors: Heritage and culture tourism, Medical tourism, Conventions, Ecotourism, Agriculture tourism, Space tourism.

What is tourism law and why do we need this? The primary goal of tourism law is to create a regulatory framework for the correct use, development, and control of tourist activities, which is backed by the United Nations World Tourism Organization (UNWTO). Essentially, the existence of the legislation will aid in the preservation of cultural traditions as well as the conservation of natural resources, among other social, political, and economic benefits. Furthermore, passengers and other stakeholders might benefit from fundamental legal protection via transparent processes. Nowadays, well-liked countries in the sector are battling to keep an eye on and implement practical legislation to safeguard tourist activities and ensure advantages derived from them. Tourism law is an exclusive field of laws that combines basic government laws with rules particular to the travel and hospitality industries. The goal of travel laws, according to the American law policy , is to provide a legal framework for the appropriate growth and control of tourism operations. Tourism laws are a mash-up of state, federal, and international laws that govern many parts and activities of the tourism sector. Travel law, for example, may include everything from hospitality community health guidelines to employment. The primary goal of tourism law is to offer an unbiased and equal atmosphere for travelers and travel organizations. For instance, tourism law comes into performance when it comes to products and facilities supplied, as well as circumstances where rules are in place to guarantee restaurants serve safe food and have safe premises.

The travel law The law of travel or travel law refers to the regulations that control both corporate and individual behavior in the travel industry, whereas international law of travel refers to the laws, processes, agreements, and treaties that control international travel. Travel law is a somewhat specialized topic of law that might be particularly intriguing since it may require pursuing a claim in a foreign jurisdiction. It addresses a wide range of difficulties, such as international accident litigation, contractual recovery processes against foreign suppliers, package travel regulations, and international and national regulatory compliance. According to the Lawrina.com online website, the objective is to promote legal principles such as public law, tort law, trust law, employment law, and contract law, as well as to govern international travel law. Contract law, employment law, tourism and hospitality practices, antitrust restrictions, regulatory and agency compliance, and knowledge of particular international agreements and treaties are all included into international travel law to provide a comprehensive set of rules for the travel industry. 

Hospitality industry and hospitality law Hotels, casinos, and resorts are examples of hospitality service industries that provide comfort and assistance to strangers, whether commercial or non-commercial.  Hospitality also gives rise to the phrases hospital, hospice, and hostel, and these institutions retain a stronger sense of personal care. Hospitality ethics is the study of how people use hospitality. 

The corpus of law dealing with the foodservice, travel, and hotel sectors is known as hospitality law. That is, it is the corpus of legislation that governs the specifics of hotels, restaurants, bars, spas, country clubs, meeting and conference planners, and other businesses. Hospitality law encompasses more than one aspect of the law. It covers a wide range of practice areas, including contracts, antitrust, tort law, and others. For instance, every hotel or restaurant must follow safety of food and rules to maintain the pureness of the food served to consumers. Eateries must follow proper food control, and violations can result in a court complaint or a fine. Hotel management is responsible for ensuring that their premises are safe to live in and use in the lodging sector:

• Travel and Tourism law makes and describes seven simple concepts:
• It is a legal right to travel.
• Transportation that is both dependable and safe must be easily available.
• Lodgings should be available to all travelers.
• The traveler must be accommodated in a safe and appropriate manner.
• Travel and lodging expenses must be affordable.

Conclusion Tourism and hospitality are intimately linked with rules and regulations. It helps to guarantee that tourists and industry personnel work in a decent and equal environment. Because it is also necessary for company owners to grasp it in order to prevent a legal complaint or penalties.

Main photo by Edward Lich from Pixabay

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U.S. Travel and Tourism Advisory Board

About the ttab.

The United States Travel and Tourism Advisory Board (TTAB) serves as the advisory body to the Secretary of Commerce on matters relating to the travel and tourism industry in the United States. The Board advises the Secretary on government policies and programs that affect the U.S. travel and tourism industry, offers counsel on current and emerging issues, and provides a forum for discussing and proposing solutions to industry-related problems.

Past Boards have presented Secretaries of Commerce with advice on a wide range of policies and issues facing the travel and tourism including travel facilitation, visa policy, infrastructure, aviation security, research, energy policy, and economic sustainability, as well as, valuable advice on the National Travel and Tourism Strategy. Board recommendations will be shared on this site.

The Board is comprised of up to thirty-two members appointed by the Secretary of Commerce. Members represent companies and organizations in the travel and tourism industry from a broad range of products and services, company sizes and geographic locations. Members serve, at the pleasure of the Secretary, typically for a two-year term. The Board was originally chartered in 2003, and because of the Department’s need for the ongoing advice from industry representatives, has been re-chartered 10 times, most recently in 2023. Under the Visit America Act, the TTAB is now a congressionally-mandated federal advisory board.

Members includes representatives of state and regional economic development teams, businesses, and organizations. 

The Deputy Assistant Secretary for Travel and Tourism serves as the Board’s Executive Director. The National Travel and Tourism Office serves as the Executive Secretariat for the Board. If you have questions or comments, please email  [email protected].

The National Travel and Tourism Office (NTTO) creates a positive climate for growth in travel and tourism by reducing institutional barriers to tourism, administers joint marketing efforts, and provides official travel and tourism statistics.

Law: Tourism

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Nevenka Cavlek

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Cameron, P., Vuletić, D. (2023). Law: Tourism. In: Jafari, J., Xiao, H. (eds) Encyclopedia of Tourism. Springer, Cham. https://doi.org/10.1007/978-3-319-01669-6_448-2

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The National Travel and Tourism Office , part of ITA, creates a positive climate for growth in travel and tourism by reducing institutional barriers to tourism, administers joint marketing efforts, provides official travel and tourism statistics, and coordinates efforts across federal agencies through the Tourism Policy Council. The Office works to enhance the international competitiveness of the U.S. travel and tourism industry and increase its exports, thereby creating U.S. employment and economic growth through:

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Visitor Visa

Visa Waiver Program

Travel Without a Visa

Citizens of Canada and Bermuda

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for a temporary stay, or an immigrant visa for permanent residence. Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), for tourism (visa category B-2), or for a combination of both purposes (B-1/B-2).

Here are some examples of activities permitted with a visitor visa:

Business (B-1)

• Consult with business associates
• Attend a scientific, educational, professional, or business convention or conference
• Settle an estate
• Negotiate a contract

Tourism (B-2)

• Vacation (holiday)
• Visit with friends or relatives
• Medical treatment
• Participation in social events hosted by fraternal, social, or service organizations
• Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating
• Enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)

Travel Purposes Not Permitted On Visitor Visas

These are some examples of activities that require different categories of visas and cannot be done while on a visitor visa:

• Paid performances, or any professional performance before a paying audience
• Arrival as a crewmember on a ship or aircraft
• Work as foreign press, in radio, film, print journalism, or other information media
• Permanent residence in the United States

Visitor visas will also not be issued for birth tourism (travel for the primary purpose of giving birth in the United States to obtain U.S. citizenship for their child).

How to Apply

There are several steps to apply for a visa. The order of these steps and how you complete them may vary by U.S. Embassy or Consulate. Please consult the instructions on the  U.S. Embassy or Consulate website .

Complete the Online Visa Application

• Online Nonimmigrant Visa Application, Form DS-160 – Learn more about completing the DS-160 . You must: 1) complete the online visa application and 2) print the application form confirmation page to bring to your interview.
• Photo – You will upload your photo while completing the online Form DS-160. Your photo must be in the format explained in the Photograph Requirements .

Schedule an Interview

Interviews are generally required for visa applicants with certain limited exceptions below. Consular officers may require an interview of any visa applicant.

You should schedule an appointment for your visa interview at the  U.S. Embassy or Consulate  in the country where you live. You may schedule your interview at another U.S. Embassy or Consulate, but be aware that it may be more difficult to qualify for a visa outside of the country where you live. 

Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. Review the interview wait time for the location where you will apply: 

Appointment Wait Time

Check the estimated wait time for a nonimmigrant visa interview appointment at a U.S. Embassy or Consulate.

Note: Please check the individual Embassy or Consulate website to determine if your case is eligible for a waiver of the in-person interview.

Applicants scheduling visa appointments in a location different from their place of residence should check post websites for nonresident wait times.

Select a U.S. Embassy or Consulate:

Prepare for your interview.

• Fees - Pay the non-refundable visa application fee , if you are required to pay it before your interview. If your visa is approved, you may also need to pay a visa issuance fee, if applicable to your nationality. Fee information is provided below:

Select your nationality to see Issuance Fee

• Review the instructions available on the website of the  U.S. Embassy or Consulate  where you will apply to learn more about fee payment.

Gather Required Documentation

Gather and prepare the following required documents before your visa interview:

• Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements ). Each individual who needs a visa must submit a separate application, including any family members listed in your passport.
• Nonimmigrant Visa Application, Form DS-160 confirmation page.
• Application fee payment receipt, if you are required to pay before your interview.
• Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements .

Additional Documentation May Be Required

Review the instructions for how to apply for a visa on the website of the U.S. Embassy or Consulate where you will apply. Additional documents may be requested to establish if you are qualified. For example, additional requested documents may include evidence of:

• The purpose of your trip,
• Your intent to depart the United States after your trip, and/or
• Your ability to pay all costs of the trip.   

Evidence of your employment and/or your family ties may be sufficient to show the purpose of your trip and your intent to return to your home country. If you cannot cover all the costs for your trip, you may show evidence that another person will cover some or all costs for your trip.

Note:  Visa applicants must qualify on the basis of the applicant's residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a visitor visa. If you choose to bring a letter of invitation or Affidavit of Support to your interview, please remember it is not one of the factors used in determining whether to issue or deny the visa.

Attend Your Visa Interview

A consular officer will interview you to determine whether you are qualified to receive a visitor visa. You must establish that you meet the requirements under U.S. law to receive a visa.   Ink-free, digital fingerprint scans are taken as part of the application process. They are usually taken during your interview, but this varies based on location.

After your visa interview, the consular officer may determine that your application requires further  administrative processing .  The consular officer will inform you if this required.

After the visa is approved, you may need to pay a visa issuance fee (if applicable to your nationality), and make arrangements for the return of the passport and visa to you.  Review the  visa processing times  to learn more.

Entering the United States

A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or a paper Form I-94, Arrival/Departure Record. Learn more about admissions and entry requirements, restrictions about bringing food, agricultural products, and other restricted/prohibited goods, and more by reviewing the CBP website .

Extending Your Stay

See  Extend Your Stay  on the U.S. Citizenship and Immigration Services (USCIS) website to learn about requesting to extend your stay beyond the date indicated on your admission stamp or paper Form I-94. 

Failure to depart the United States on time will result in being  out of status . Under U.S. law, visas of individuals who are out of status are automatically voided ( Section 222(g) of the Immigration and Nationality Act ).  Any multiple entry visa that was voided due to being out of status will not be valid for future entries into the United States. 

Failure to depart the United States on time may also result in you being ineligible for visas in the future. Review  Visa Denials  and  Ineligibilities and Waivers: Laws  to learn more.

Change of Status

If your plans change while in the United States (for example, you marry a U.S. citizen or receive an offer of employment), you may be able to request a change in your nonimmigrant status to another category through U.S. Citizenship and Immigration Services (USCIS). See  Change My Nonimmigrant Status  on the USCIS website to learn more.

While you are in the United States, receiving a change of status from USCIS does not require you to apply for a new visa.  However, once you depart the United States you must apply for a new visa at a U.S. Embassy or Consulate in the appropriate category for your travel.

Additional Information

• An individual on a visitor visa (B1/B2) is not permitted to accept employment or work in the United States.
• There is no guarantee you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa.
• A valid U.S. visa in an expired passport is still valid. Unless canceled or revoked, a visa is valid until its expiration date. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States. 

Travel for Medical Treatment

If you are seeking medical treatment in the United States, the consular officer may ask for further documents at your visa interview, which may include:

• Medical diagnosis from a local physician, explaining the nature of the ailment and the reason you need treatment in the United States.
• Letter from a physician or medical facility in the United States, stating they are willing to treat your specific ailment and detailing the projected length and cost of treatment (including doctors’ fees, hospitalization fees, and all medical-related expenses).
• Proof that your transportation, medical, and living expenses in the United States will be paid. This may be in the form of bank or other statements of income/savings or certified copies of income tax returns (either yours or the person or organization paying for your treatment).

Visitor Visas for Personal or Domestic Employees (B-1)

You may apply for a B-1 visitor visa to work in the United States as a personal or domestic employee for your employer in limited situations. You may work in the United States on a visitor visa if your employer is:

• A U.S. citizen who has a permanent home or is stationed in a foreign country, but is visiting or is assigned to the United States temporarily; or
• A foreign citizen who is in the United States on one of the following nonimmigrant visa categories:  B, E, F, H, I, J, L, M, O, P, or Q.

Learn more about your rights in the United States and protection available to you by reading the Legal Rights and Protections pamphlet.

Visa Renewal

Whether you are applying for the first time or renewing your visa, you will use the same application process (please review How to Apply , above). Some applicants seeking to renew their visas in certain visa classes may be eligible for the Interview Waiver (IW) which allows qualified individuals to apply for visa renewals without being interviewed in person by a U.S. consular officer. Review the instructions on the website of the U.S. Embassy or Consulate where you will apply to determine if the IW is available and if you qualify.

Do I need a visa if I have an ABTC?

Yes, you will still need a visa to travel to the United States, unless you qualify for the  Visa Waiver Program . Having an Asian-Pacific Economic Cooperation (APEC) Business Travelers Card (ABTC) does not change visa requirements, your visa status, or the visa process for travel to the United States.

How can I use my ABTC when I apply for my visa?

If you have an Asian-Pacific Economic Cooperation (APEC) Business Travelers Card (ABTC),  you might be able to schedule an expedited visa interview appointment. Review the instructions for scheduling expedited appointments on the website of the  embassy or consulate  where you will apply. 

Visa Annotations for Certain Maritime Industry Workers

Certain foreign maritime workers are eligible to apply for a Transportation Worker Identification Credential (TWIC) once in the U.S. If you, as a maritime industry worker, will perform services in secure port areas, your visa must be annotated “TWIC Letter Received.” Workers whose visas are not annotated will not be permitted by the Transportation Security Administration (TSA) to apply for a TWIC.

In order for your visa to be annotated, you must obtain a letter from your employer explaining the need for a TWIC and that you are a potential TWIC applicant. See a template example of this letter. You must present this letter when you apply for the B-1 visa. You must meet all other eligibility requirements for a B-1 visa. 

Complete information about the TWIC program is available on TSA’s website at  https://www.tsa.gov/for-industry/twic .

Visa Denial and Ineligibility

Review  Visa Denials  for detailed information about visa ineligibilities, denials and waivers.

I was refused a visa, under Section 214(b). May I reapply?

Yes, if you feel circumstances have changed regarding your application. Review  Visa Denials  to learn more.

Misrepresentation or Fraud

Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States.

Review  Ineligibilities and Waivers: Laws .

Citizens of Canada and Bermuda do not require visas to enter the United States, for visit, tourism and temporary business travel purposes. For more information see  U.S. Embassy Ottawa website ,  U.S. Consulate Hamilton website  and  CBP website .

Additional resources for Canadian visitors to the United States can be found on the U.S. Embassy and Consulate websites in Canada.

Citizens of China

In accordance with the agreement signed between the United States and China to extend visa validity, beginning on November 29, 2016, Chinese citizens with 10-year B1, B2 or B1/B2 visas in Peoples’ Republic of China passports will be required to update their biographical and other information from their visa application via a website every two years, or upon getting a new passport or B1, B2, or B1/B2 visa, whichever occurs first.  This mechanism is called EVUS - Electronic Visa Update System.

The EVUS website is now open to the public for enrollments at www.EVUS.gov .  CBP will not collect a fee for EVUS enrollment at this time. CBP anticipates the eventual implementation of an EVUS enrollment fee, but does not have a time frame. Until the implementation of a fee, travelers can enroll in EVUS without charge.  The Department of Homeland Security, Customs and Border Protection (CBP) will keep visa holders informed of new information throughout the year. For further information, please visit  www.cbp.gov/EVUS .‎

根据美中双方签署的延长签证有效期的协议，自2016年11月29日起，凡持有10 年 期B1，B2 或 B1/B2签证的中华人民共和国护照持有人需要每两年或在获取新护照或最长有效期的B1、B2或B1/B2签证时时（以先到者为准），通过网站更新他们签证申请上的个人资料及其它信息。这个机制我们称之为EVUS –签证更新电子系统。

EVUS的登记网站 www.EVUS.gov 现已开放接受登记。美国海关和边境保护局（CBP）目前不会收取登记费用。美国海关和边境保护局预期EVUS登记收费最终会实施，但目前尚未落实执行时间。在收费实施前，旅客可以免费完成EVUS登记。美国国土安全部海关和边境保护局将在今年及时向签证持有人公布最新的信息。获取更多的信息，请访问 www.cbp.gov/EVUS 。

Citizens of Mexico

Citizens and permanent residents of Mexico generally must have a nonimmigrant visa or Border Crossing Card (also known as a "Laser Visa"). For ease of travel, the B-1/B-2 and the Border Crossing Card have been combined into one document (DSP-150). Select  Border Crossing Card  to learn more about this card.

Please visit  U.S. Embassy or Consulate  websites for more information regarding applying for a visa at the U.S. Embassy or Consulates in Mexico.

Further Questions

• Case-Specific Questions - Contact the U.S. Embassy or Consulate handling your visa application for status information. Select  U.S. Embassy or Consulate  for contact information.
• General Questions - review  Contact Us .

Visa Waiver Program  (VWP)

Tourist or business travelers who are citizens of participating countries may be eligible to visit the United States without a visa. Visits must be 90 days or less, and travelers must meet all requirements.

Citizens of Canada and Bermuda generally do not need visas for tourism and visits.

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If you plan to visit the U.S., you do not need to be tested or vaccinated for COVID-19. U.S. citizens going abroad, check with the Department of State for travel advisories.

COVID-19 testing and vaccine rules for entering the U.S.

• As of May 12, 2023, noncitizen nonimmigrant visitors to the U.S.  arriving by air  or  arriving by land or sea  no longer need to show proof of being fully vaccinated against COVID-19. 
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Notice to US citizens: Your actions abroad may have serious consequences

WASHINGTON – American tourists, with twisted overseas travel plans to engage in child sex tourism, may think they are beyond the reach of U.S. law enforcement. However, they should know that it is a priority for U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) to apprehend and prosecute U.S. citizens who engage in sexual acts with minors in foreign countries.

Millions of American citizens travel abroad on a regular basis. While the vast majority of them are law abiding, some commit sexual crimes against minors in foreign countries. Each year, over a million children are exploited in the global commercial sex trade. Child sex tourism involves people who travel from their home country to another and engage in commercial sex acts with children. Child sex tourism is a shameful assault on the dignity of children and a form of child abuse and violence. For the minors involved, these acts have devastating consequences, which may include long-lasting physical and psychological trauma, disease, drug addiction, unwanted pregnancy, malnutrition, social ostracism and possibly death.

Tourists engaging in child sex tourism often travel to developing countries looking for anonymity and the availability of children in prostitution. The crime is typically fueled by weak local law enforcement, corruption, the Internet, ease of travel and poverty. These sexual offenders come from all socio-economic backgrounds and may hold positions of trust. Previous arrests for child sex tourism involving U.S. citizens have included: a pediatrician, a retired Army sergeant, a dentist, a Peace Corps volunteer and a university professor.

In 2003, the United States strengthened its ability to fight child sex tourism by passing the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act (PROTECT Act) and the Trafficking Victim's Protection Reauthorization Act. These laws carry penalties of up to 30 years in prison for engaging in child sex tourism. In the nine years since these laws were strengthened, HSI special agents have arrested 93 suspects on child sex tourism charges.

HSI has 73 offices in 47 foreign countries around the world that serve as the agency's liaison to counterparts in local government and law enforcement. HSI's attachés abroad are critical in investigating these crimes.

Just last week, Jesse Osmun, 33, a former Peace Corps volunteer, was sentenced in Hartford, Conn., to 15 years in prison for sexually abusing four girls, all under the age of 6, while he was a volunteer in South Africa. He never expected that HSI special agents would arrest him for crimes he committed nearly 8,000 miles away from his Connecticut home. HSI's office in Connecticut – working collaboratively with the U.S. Attorney's Office for the District of Connecticut – has had two other recent cases involving child sex tourism. Edgardo Sensi was sentenced in January to 85 years in prison for production of child pornography and sexual tourism offenses related to his sexual abuse of minor girls in the United States and Nicaragua. Douglas Perlitz was sentenced in December 2010 to nearly 20 years in prison for sexually abusing 16 minor victims over the course of a decade in Haiti.

"I am proud to partner with HSI in prosecuting U.S. citizens who abuse children abroad," said U.S. Attorney David B. Fein, District of Connecticut. "I am hopeful that the cases we have successfully prosecuted in Connecticut will serve as a deterrent to others who would partake in these illegal acts. The Department of Justice will continue to devote resources to protecting children worldwide."

HSI's Child Exploitation Investigations Unit investigates the trans-border, large-scale production and distribution of images of child abuse, as well as individuals who travel abroad to engage in sex with minors. The unit employs the latest technology to collect evidence and track the activities of individuals and organized groups who sexually exploit children through the use of websites, chat rooms, newsgroups and peer-to-peer trading. These investigative activities are organized under Operation Predator, a program managed by the Child Exploitation Investigations Unit.

"If you are molesting children, I advise you to turn yourself in and get help," added Vincent. "The law will catch up to you no matter where you are. If you continue your crimes against children, you should always be looking over your shoulder because we will hunt you down to the ends of the earth in order to protect innocent children from being violated. There will be no refuge for child sexual predators who believe that they may victimize children outside the United States. No place is too distant or too remote to escape the attention of HSI."

To learn more about HSI, visit www.ICE.gov/HSI .

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Minors barred from getting weight-loss, bodybuilding drugs with new ny law.

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Minors will no longer be able to buy diet pills or supplements intended for muscle building or weight loss when a new state law takes effect Monday.

The legislation, which is intended to help prevent eating disorders, bans the sale of over-the-counter dietary supplements to people under age 18, though it includes exemptions for some protein powders, protein drinks and foods.

“This bill is an important measure in combating diet culture and ensuring the safety of young consumers,” Assemblymember Nily Rozic, one of the bill’s sponsors, said in a press release . Gov. Kathy Hochul signed the act into law in October.

Violations will be met with civil penalties of up to $500, and Attorney General Letitia James has the authority to request a warning in court if she believes there has been a violation, the trade publication Natural Products Insider reported .

Industry groups tried to thwart enforcement of the law, but received a setback Friday as a federal judge denied the Council for Responsible Nutrition’s motion for a preliminary injunction while two lawsuits challenging the law work their way through the courts, the outlet reported.

“We are in the process of reviewing the decision,” the council said in a statement provided to The Post.

The nonprofit trade group, whose members are dietary supplement manufacturers and distributors, took issue with the bill for being ambiguous; targeting marketing rather than consumption; and providing no “meaningful guidelines for compliance,” according to the complaint the council filed against James. In addition, the group says, there is no causal link between dietary supplements and eating disorders.

The law “was pushed by social advocates relying on an unscientific and meritless argument that dietary supplements somehow cause eating disorders in young people, when the research shows they do not,” council CEO Steve Mister said in a release when it sought the injunction. “If we stand by and allow this law to go into effect, it won’t help young people with eating disorders, but it will stop families in the Empire State from purchasing the trusted nutrition products they use to keep their families healthy.”

Rozic and fellow bill sponsor Senator Shelley Mayer said they intended for their bill to focus on the marketing and advertising to minors “by establishing age verification guidelines for retailers and delivery sellers.”

Meanwhile, on Wednesday another federal court stayed court proceedings in a separate lawsuit filed by Natural Products Association, a nonprofit representing manufacturers and retailers of natural products, pending the outcome in the Council for Responsible Nutrition’s case.

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Trump’s Jan. 6 Case Could Go On Even if Court Limits Use of Obstruction Law

The federal indictment of Donald Trump for plotting to overturn the 2020 election relies in part on the law that the Supreme Court weighed on Tuesday, but was built to survive without it.

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By Alan Feuer

Even though Donald J. Trump was never mentioned during the Supreme Court’s hearing on Tuesday about a federal obstruction statute used against hundreds of his supporters who stormed the Capitol on Jan. 6, 2021, the former president loomed large over the proceeding.

That is because Mr. Trump has been charged under the law in question in an indictment he is facing in Washington that accuses him of plotting to overturn the 2020 election. And the court’s eventual decision on the obstruction law could affect how his case moves forward.

It remains unclear at this point how the court will rule, but at the hearing the justices signaled that federal prosecutors may have interpreted the law too broadly and used it unfairly against many of the rioters who were on the ground on Jan. 6. But even if the court tosses out the use of the law against the Trump supporters who broke into the Capitol, it does not mean that the course of Mr. Trump’s own case will be greatly altered.

Lawyers representing hundreds of Jan. 6 defendants have been questioning the use of the obstruction statute since long before Mr. Trump was charged with it in August. The lawyers have claimed, among other things, that one of the law’s central provisions, requiring the government to offer some proof that documents were destroyed or tampered with, has nothing to do with breaking into the Capitol.

If the Supreme Court ends up agreeing with them, Mr. Trump’s own lawyers will surely seek to have the two obstruction counts he is facing stricken from his indictment.

One of those counts accuses him of conspiring with six others who are unnamed — widely thought to be a group of lawyers close to him — to disrupt the certification of the election that took place inside the Capitol during a joint session of Congress on Jan. 6. The second count accuses him of actually obstructing that proceeding.

In fact, Mr. Trump’s lawyers have already tried to have those charges thrown out. In October, they argued unsuccessfully to the trial judge in the case, Tanya S. Chutkan, that the indictment unfairly used the statute. The lawyers pointed out that the law was initially “directed at the destruction of records in accounting fraud,” but had been applied in Mr. Trump’s case “to disputing the outcome of a presidential election.”

“This stretches the statutory language beyond any plausible mooring to its text,” the lawyers wrote.

Jack Smith, the special counsel handling Mr. Trump’s case, has asserted that the two obstruction counts against the former president would survive even if the justices narrowed the law to cover only crimes that involved tampering with documents or records.

Mr. Trump triggered that provision of the law, Mr. Smith has said, by plotting to create a series of false records: slates of electors pledged to him in several key swing states that he actually lost to President Biden. Mr. Smith has accused Mr. Trump of seeking to use those fake slates to obstruct the certification proceeding by throwing it into chaos and by urging his vice president, Mike Pence, to capitalize on the confusion by blocking or delaying the formal declaration of Mr. Biden’s victory and opening a path to Mr. Trump’s being named the winner.

But even if the obstruction counts were ultimately dismissed from Mr. Trump’s indictment, it might not prove to be a fatal blow to his prosecution.

Mr. Smith has also brought against Mr. Trump two more conspiracy charges that overlap almost entirely with the accusations in the obstruction counts. The other conspiracy counts accuse Mr. Trump of committing fraud by using deceit to subvert the normal course of the election and with plotting to deprive millions of Americans of the right to have their votes properly counted.

Those counts add a layer of redundancy to the indictment, which could survive intact even without the obstruction counts. There would be one downside, from the government’s perspective, to losing the obstruction charges: each carries a hefty maximum sentence of 20 years in prison.

The fraud conspiracy Mr. Trump is facing has a maximum penalty of five years in prison and voting rights conspiracy caps out at 10 years.

Any Supreme Court ruling that found in favor of the on-the-ground Jan. 6 defendants would not automatically strip the obstruction charges from Mr. Trump’s indictment. To get rid of those counts, he and his lawyers would have to first ask Judge Chutkan to do it. Depending on the details of the decision by the justices, she might deny Mr. Trump’s request.

But if the obstruction counts were in fact stricken from the case, it could, in theory, narrow the story that Mr. Smith would like to tell the jury — if and when the case goes to trial.

Mr. Smith has indicated that he wants to show the jury videos of the violence at the Capitol and perhaps introduce witnesses who will testify that they stormed the building believing they were acting on behalf of Mr. Trump.

But that could be more difficult without the obstruction counts given that those charges arguably offer the clearest legal path to introducing evidence about the riot at the Capitol itself. If Mr. Smith wanted to introduce that evidence without the obstruction counts, he would have to base his request on the remaining conspiracy charges, which may prove more challenging.

Alan Feuer covers extremism and political violence for The Times, focusing on the criminal cases involving the Jan. 6 attack on the Capitol and against former President Donald J. Trump.  More about Alan Feuer

Our Coverage of the Capitol Riot and its Fallout

T he Events on Jan. 6

Timeline:  On Jan. 6, 2021, a mob of supporters of President Donald Trump raided the U.S. Capitol . Here is a close look at how the attack unfolded .

A Day of Rage:  Using thousands of videos and police radio communications, a New York Times investigation reconstructed in detail what happened — and why .

Lost Lives: A bipartisan Senate report found that at least seven people died  in connection with the attack.

Jan. 6 Attendees:  To many of those who attended the Trump rally but never breached the Capitol, Jan. 6 wasn’t a dark day for the nation. It was a new start .

The Federal Case Against Trump

The Indictment:  Trump was indicted on Aug. 1  after a sprawling federal investigation into his attempts to cling to power  after losing the 2020 election. Here is how the indictment was structured .

Trump’s Immunity Claim:  The Supreme Court has agreed to decide whether Trump is immune from prosecution  on charges of plotting to overturn the 2020 election. The justices scheduled arguments for the week of April 22 .

The Trial:  In February, the federal judge in the case decided to delay the trial , which was set to start on March 4. In doing so, she acknowledged that time had run out to get the proceeding going, mostly because of the wrangling over Trump’s immunity claim .

Lawmakers vote to reauthorize US spying law that critics say expands government surveillance

Lawmakers passed legislation early Saturday reauthorizing and expanding a controversial U.S. surveillance law shortly after the powers expired at midnight, rejecting opposition by privacy advocates and lawmakers.

The bill, which passed on a 60-34 vote , reauthorizes powers known as Section 702 under the Foreign Intelligence Surveillance Act (FISA), which allows the government to collect the communications of foreign individuals by accessing records from tech and phone providers. Critics, including lawmakers who voted against the reauthorization, say FISA also sweeps up the communications of Americans while spying on its foreign targets.

White House officials and spy chiefs rallied behind efforts to reauthorize FISA, arguing the law prevents terrorist and cyber attacks and that a lapse in powers would harm the U.S. government’s ability to gather intelligence. The Biden administration claims the majority of the classified information in the president’s daily intelligence briefing derives from the Section 702 program.

Privacy advocates and rights groups rejected the reauthorization of FISA, which does not require the FBI or the NSA to obtain a warrant before searching the Section 702 database for Americans’ communications. Accusations that the FBI and the NSA abused their authority to conduct warrantless searches on Americans’ communications became a key challenge for some Republicans initially seeking greater privacy protections.

Bipartisan efforts aimed to require the government to obtain a warrant before searching its databases for Americans’ communications. But these failed ahead of the final vote on the Senate floor.

Following the passage in the early hours of today, Senator Mark Warner, who chairs the Senate Intelligence Committee, said that FISA was “indispensable” to the U.S. intelligence community.

The bill now goes to the President’s desk, where it will almost certainly pass into law.

FISA became law in 1978 prior to the advent of the modern internet. It started to come under increased public scrutiny in 2013 after a massive leak of classified documents exposed the U.S. government’s global wiretapping program under FISA, which implicated several major U.S. tech companies and phone companies as unwilling participants.

The Senate was broadly expected to pass the surveillance bill into law, but it faced fresh opposition after the House passed last week its version of the legislation that critics said would extend the reach of FISA to also include smaller companies and telecom providers not previously subject to the surveillance law.

Communications providers largely opposed the House’s expanded definition of an “electronic communications service provider,” which they said would unintentionally include companies beyond the big tech companies and telecom providers that are already compelled to hand over users’ data.

An amendment, introduced by Sen. Ron Wyden, to remove the expanded measure from the bill failed to pass in a vote.

Wyden, a Democratic privacy hawk and member of the Senate Intelligence Committee, accused senators of waiting “until the 11th hour to ram through renewal of warrantless surveillance in the dead of night.”

“Time after time anti-reformers pledge that their band-aid changes to the law will curb abuses, and yet every time, the public learns about fresh abuses by officials who face little meaningful oversight,” said Wyden in a statement .

In the end, the bill passed soon after midnight.

Despite the last-minute rush to pass the bill, a key provision in FISA prevents the government’s programs under Section 702 from suddenly shutting down in the event of lapsed legal powers. FISA requires the government to seek an annual certification from the secretive FISA Court, which oversees and approves the government’s surveillance programs. The FISA Court last certified the government’s surveillance program under Section 702 in early April, allowing the government to use its lapsed authority until at least April 2025.

FISA will now expire at the end of 2026, setting up a similar legislative showdown midway through the next U.S. administration.

NSA is buying Americans’ internet browsing records without a warrant

House passes potential TikTok ban that could speed through Senate

By tying the renewed crackdown to a bipartisan foreign aid deal, the bill could move quickly through congress.

House lawmakers escalated efforts to restrict video-sharing platform TikTok, renewing pressure on the Senate by advancing a bill Saturday that would force the company to be sold or face a national ban as part of a broader package sending aid to Israel and Ukraine.

The unorthodox maneuver could expedite the crackdown’s path through Congress , where negotiations had slowed after an earlier attempt hurtled through the House last month. With growing support in the Senate, the legislation appears more likely than ever to become law.

The move represents one of the most significant threats to the U.S. operations of the wildly popular app, which is used by roughly 170 million Americans, but whose China-based parent company ByteDance has long sparked national security fears in Washington.

TikTok is “a spy balloon in Americans’ phones” used to “surveil and exploit America’s personal information,” Rep. Michael McCaul (R-Tex.), chairman of the Foreign Affairs Committee, said Saturday as he introduced the measure for debate.

The House voted 360-58 to approve legislation authorizing new penalties against Russia and Iran and requiring that TikTok divest from ByteDance or face a prohibition, one of several measures considered alongside the $95 billion foreign aid bills.

House lawmakers overwhelmingly advanced an earlier version of the legislation targeting TikTok last month, but tying the issue to the aid package, which has broad bipartisan support in both chambers, could expedite its passage through the Senate.

The Senate plans to take the matter up Tuesday, Majority Leader Charles E. Schumer (D-N.Y.) said in a statement emailed to The Post. “The Senate now stands ready to take the next step,” Schumer said.

President Biden said last month he would sign the TikTok bill if passed by Congress, and on Wednesday he endorsed the House foreign aid package, saying , “The House must pass the package this week, and the Senate should quickly follow.”

Under the bill, ByteDance would have up to 360 days to divest TikTok. If it declined or failed to do so during that time, mobile app stores and web-hosting providers would be prohibited from offering the app to users in the United States, effectively banning it nationwide. The bill explicitly targets TikTok and ByteDance, but would give the president the power to impose a similar ultimatum against other apps deemed to be “controlled” by “foreign adversaries.”

The TikTok measure has broad bipartisan support in the House.

“Companies and bad actors are collecting troves of our data unchecked and using it to exploit, monetize, and manipulate Americans of all ages,” Reps. Cathy McMorris Rodgers (R-Wash.) and Frank Pallone Jr. (D-N.J.) said Saturday in a statement lauding the bill’s passage. “This cannot be allowed to continue.”

TikTok has blasted lawmakers’ efforts to potentially ban the app as an affront on free speech and disputes lawmakers’ suggestions that it is beholden to China or any government.

Since lawmakers introduced their latest proposal targeting the app last month, the company has launched a major counteroffensive against the effort , enlisting scores of users through pop-up notifications to bombard lawmakers with calls voicing opposition to the legislation.

“It is unfortunate that the House of Representatives is using the cover of important foreign and humanitarian assistance to once again jam through a ban bill that would trample the free speech rights of 170 million Americans, devastate 7 million businesses, and shutter a platform that contributes $24 billion to the U.S. economy, annually,” TikTok said Saturday in a statement to The Washington Post.

After House lawmakers passed the earlier TikTok legislation in just over a week, many senators called for slowing down deliberations in the upper chamber. Senate Commerce Committee Chairwoman Maria Cantwell (D-Wash.), whose committee has jurisdiction over the bill, initially expressed concerns about whether the proposal could withstand legal scrutiny and called for hearings.

But since then, a number of senators have come out in favor of the proposal and plans to tuck it into the foreign aid package. Cantwell announced Wednesday that she now supports the legislation after lawmakers agreed to give ByteDance more time to sell off TikTok.

Sens. Mark R. Warner (D-Va.) and Marco Rubio (R-Fla.), the leaders of the Senate Intelligence Committee, are supportive of the bill’s inclusion in the aid package, their offices confirmed. The two lawmakers had previously led separate legislative efforts to tackle concerns over the app.

“I’m glad to see the House help push this important bill forward to force Beijing-based ByteDance to divest its ownership of TikTok,” Warner said in a statement to The Post.

Daniel Castro, vice president of the Information Technology and Innovation Foundation, dismissed the idea that TikTok is a national security threat, noting that even if the Chinese government is demanding access to user data, “the app is not collecting particularly sensitive data.”

“Policymakers have legitimate concerns about Chinese-made apps and reciprocal access to China’s digital market, but they should address those issues through policies that are specific, scalable, and sound,” Castro said in an email to The Post.

A potential TikTok ban would hurt American businesses and content creators who use the platform to market their products and services, Castro said.

The effort is likely to face significant legal hurdles , as have previous attempts by the Trump administration and states to force a sale or ban of the app.

Nadine Farid Johnson, policy director of the Knight First Amendment Institute, a group that advocates for free speech rights, said in a statement Friday that the TikTok bill would “infringe” on “Americans’ First Amendment right to access information, ideas, and media from abroad.”

“Legislators who are genuinely concerned about social media platforms’ practices have better options at their disposal, and we continue to urge lawmakers to lean in to those rather than undermining the First Amendment rights of millions of Americans,” Johnson said.

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Maine legislature passes sweeping gun safety laws in all-night session

Measures including background checks on private sales and waiting periods for purchases follow deadly shooting last year

Maine’s state legislature approved sweeping gun safety legislation including background checks on private gun sales, waiting periods for gun purchases and criminalizing gun sales to prohibited people before adjourning on Thursday morning, nearly six months after the deadliest shooting in state history.

The Democratic governor, Janet Mills, and the Democratic-led legislature pressed for a number of gun and mental health proposals after the shooting that claimed 18 lives and injured another 13 people, despite the state’s strong hunting tradition and support for gun owners.

“Maine has taken significant steps forward in preventing gun violence and protecting Maine lives,” said Nacole Palmer, executive director of the Maine Gun Safety Coalition, who praised lawmakers for listening to their constituents.

The governor’s bill, approved early on Thursday, would strengthen the state’s yellow flag law, boost background checks for private sales of guns and make it a crime to recklessly sell a gun to someone who is prohibited from having guns. The bill also funds violence prevention initiatives and opens a mental health crisis receiving center in Lewiston.

The Maine senate also narrowly gave final approval on Wednesday to a 72-hour waiting period for gun purchases and a ban on bump stocks that can transform a weapon into a machine gun.

However, there was no action on a proposal to institute a “red flag” law. The bill sponsored by the house speaker, Rachel Talbot Ross, would have allowed family members to petition a judge to remove guns from someone who is in a psychiatric crisis. The state’s current “yellow flag” law differs by putting police in the lead of the process, which critics say is too complicated.

Lawmakers pushed through the night and into the morning as they ran up against their adjournment date, which was Wednesday. But it did not come without some 11th-hour drama. Lawmakers had to approve a contentious supplemental budget before casting their final votes and did not wrap up the session until after daybreak.

A 25 October mass shooting by an army reservist in Lewiston, Maine’s second-largest city, served as tragic backdrop for the legislative session.

Police were warned by family members that the shooter was becoming delusional and had access to weapons. He was hospitalized for two weeks while training with his unit last summer. And his best friend, a fellow reservist, warned that the man was going “to snap and do a mass shooting”. The shooter killed himself after the attack.

Democrats said constituents implored them to do something to prevent future attacks. They said it would have been an abdication of their responsibility to ignore their pleas.

“For the sake of the communities, individuals and families now suffering immeasurable pain, for the sake of our state, doing nothing is not an option,” the governor said in late January when she outlined her proposals in her state of the state address. Those in attendance responded with a standing ovation.

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