Key Findings
Youth Access
View the State Rankings for Youth Access
Tobacco use is a disease of the young. Every day 6,000 children under 18 start smoking for the first time and close to 2,000 of them become established daily smokers. 28
Since the Master Settlement Agreement was announced, the tobacco industry has increased its marketing expenditures by almost 70 percent.
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The earlier a smoker starts, the more likely he or she is to die from tobacco use. Enactment and enforcement of policies to restrict the sale and distribution of tobacco products to minors has been shown to be an effective component of a comprehensive tobacco program.
Parents, teachers, community leaders and the public agree that minors should not have access to tobacco products. Even the tobacco industry purports to share this view. Nevertheless, that same industry aggressively and consistently fights meaningful efforts to enact and enforce youth access laws at the federal, state and local levels and continues to relentlessly target the nation’s youth. Since the Master Settlement Agreement was announced, the tobacco industry has increased its marketing expenditures by almost 70 percent. 29 In 2001, the major cigarette companies spent $11.2 billion marketing their deadly products.30
Many studies have found that making it as difficult and inconvenient as possible for kids to get their hands on cigarettes reduces the number of youngsters who smoke. It also reduces the number of cigarettes smoked by those who are regular smokers. About half of all young smokers report they usually buy their cigarettes directly from retailers or vending machines, or by giving money to others to purchase the cigarettes for them. Increasing cigarette prices and minimizing the number of retailers who are willing to illegally sell cigarettes to kids reduces smoking by young people.31
In recent years, there has been an increase in the number of youths who purchase cigarettes through the Internet. A 2003 study published in the Journal of the American Medical Association (JAMA) found that youths have easy access to cigarettes via the Internet because many online vendors don’t check ages or don’t have an age verification process.32
Policy Goals
The American Lung Association recommends youth access laws that:
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Monitor tobacco retail outlets, with a graduated series of penalties to the retailer for sales of tobacco to minors, culminating in license suspension or revocation for repeated violations;
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Authorize state or local governments to carry out random, unannounced inspections of retail outlets, including authorization for minors’ participation in carrying out such inspections;
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Eliminate tobacco vending machines;
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Eliminate sales of single cigarettes or "loosies";
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Prohibit or strictly regulate the sale of bidis (beedies) 33;
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Require that all tobacco products be displayed only behind the sales counter; and
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Prohibit distribution of free tobacco product samples.
Bright Spots
Seven states received an A in youth access.
Maine has a number of youth access laws, including restricting vending machine access, banning self-service tobacco displays and requiring a photo ID from anyone who appears to be under the age of 27. It has a 93 percent compliance rate among retailers for refusing tobacco sales to minors, one of the highest compliance rates in the nation. 34 The state’s youth access laws, comprehensive tobacco prevention program, smokefree laws and its $1.00 cigarette excise tax have contributed to encouraging trends in youth smoking in the state.
Texas has enacted a youth access law that requires tobacco products to be placed behind the counter, requires strong penalties for clerks and retail managers/owners who sell tobacco products to minors and restricts tobacco advertising. In Rhode Island, merchants who illegally sell tobacco products to minors face penalties as large as $1,500 and a license suspension of 90 days. However, proposed budget cuts are seriously threatening no-sale-to-minors enforcement funding within the next year. California has a near-ban on tobacco vending machines, restrictions on self-service sale of cigarettes and an enforcement program for reducing illegal tobacco sales to minors.
In 2001, major cigarette companies spent $30.7 million dollars a day marketing their deadly products.35
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Vermont bans cigarette vending machines and restricts free distribution of cigarettes, has random unannounced inspections, graduated penalties or fines on retailers and a statewide enforcement agency. Idaho restricts vending machines, bans free distribution of cigarettes, has random unannounced inspections, graduated penalties or fines on retailers and has a statewide tobacco control enforcement agency.
New York has a strong Internet and mail order tobacco sales law that bans the delivery of tobacco to individual customers. In addition, New York has increasing penalties for illegal sales of cigarettes to minors, prohibits self-service display sales of tobacco products and bans the sale of bidis to minors.
Delaware’s youth access law has been very successful in increasing retailer compliance. Since 1999, the statewide compliance rate has risen from 66 percent to 95 percent, significantly increasing the number of outlets that comply with the prohibition against selling cigarettes to minors. 36
Work To Do
Twenty-three states received an F in youth access. Because youth access is an important component of a comprehensive tobacco policy, these states are missing out on vital strategies to curb youth smoking. States must do more than just enact strong youth access laws; they must enforce those laws. Enforcement is critical for keeping tobacco out of access to children and youth.
Key Findings Continued... |
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