Overview
Executive Summary
The American Lung Association State of Tobacco Control 2003 grades state tobacco control laws and regulations enacted as of January 1, 2004. Included are tobacco control laws in the areas of tobacco prevention and control spending, smokefree air, cigarette taxes and youth access.
Progress has been made on some policies such as cigarette taxes and smokefree air, but far too many states are still failing to adopt adequate tobacco prevention policies to protect public health.
The American Lung Association State of Tobacco Control 2003 report found the following policy trends:
Each year 440,000 people die of a tobacco-related illness in the U.S., costing $75 billion in direct medical costs and $82 billion in lost productivity.1
|
State and Local Smokefree Workplace Laws Are on the Rise
The most significant tobacco policy trend in 2003 was the move toward comprehensive smokefree workplace laws. Following on the heels of Delaware, four states—Connecticut, Florida, Maine and New York—passed or expanded laws protecting workers from the dangers of secondhand smoke. In late December the Massachusetts legislature passed a comprehensive smokefree air law. It will be sent to Governor Romney for signature in early January. At the community level, progress is being made in southern states. Lexington, Kentucky and Fayetteville, Arkansas passed local smokefree workplace ordinances, a first for both states.
Preemption surfaced in two states, stripping communities of their local control over tobacco matters. In April, Montana passed a law to preempt local smokefree ordinances, erasing a referendum supported by nearly twothirds of voters in Helena, as well as local ordinances in several other Montana communities. In early May, the Iowa Supreme Court overturned a lower court decision and reinstated preemption of local smokefree air ordinances. State preemption of local control is at the top of the tobacco industry’s legislative agenda. Their ability to influence policy contrary to public health is simply much stronger at the state level.
Average State Cigarette Tax Rose Dramatically
Legislatures once again found that raising tobacco taxes made good public health and fiscal sense. The average state cigarette excise tax rose by over $0.10 to $0.72 cents per pack in 2003. Sixteen states and the District of Columbia raised their cigarette tax. New Jersey leads the nation with a cigarette tax of $2.05—the first state to go above $2.00. Fifteen states and the District of Columbia are now at $1.00 or more. 2003 also saw increases in cigarette taxes by tobacco-producing southern states. Georgia more than tripled its tax to $0.37 per pack.
Severe Cuts To State Tobacco Prevention Program Spending
The continuing fiscal crises affecting most states led to severe funding cuts to comprehensive tobacco prevention programs. Model programs in Indiana and Maryland sustained huge funding cuts while the programs in Florida, Nebraska, and New Hampshire were effectively zeroed out. These actions are extremely shortsighted and greatly undermine the public health of citizens in these states.
A few states—Arizona, Arkansas, Delaware, Hawaii, Maine and Mississippi—honored their commitment to the health of citizens in their states by fully funding tobacco prevention programs. The result has been a decrease in tobacco use in each of those states. Mississippi’s sustained tobacco prevention program has resulted in a 30 percent reduction in cigarette use and a 27 percent reduction in overall tobacco use by middle school students. Overall tobacco use by high school students was reduced by 23 percent and cigarette use was reduced by 25 percent. 3 This commitment to prevention programs will pay long-term health dividends by preventing tobacco-related diseases.
8.6 million people in the U.S. have at least one serious illness caused by smoking.2
| States Begin a Crackdown on Internet Sales of Tobacco Products
An October 2003 study published in the Journal of the American Medical Association (JAMA) found that minors have easy access to cigarettes via the Internet because many Internet vendors don’t check ages or don’t have an age verification process. The study concluded "banning Internet and mail order tobacco sales to minors may be the most effective policy strategy."4
States have used this and other evidence to begin closing the loophole on Internet sales of tobacco products by cracking down on companies that circumvent state tax and youth access laws. Currently, New York has the strongest Internet law, banning delivery of tobacco to individual consumers. Maine passed a law in 2003 that tightly regulates the delivery of tobacco products to consumers through the Internet and other means. In addition, Arizona, California, Delaware, Massachusetts, Missouri, Rhode Island and Virginia have laws restricting Internet sales. While the percentage of cigarettes sold via the Internet is not large, states still lose millions in tax revenue and kids have learned it is an easy way to obtain tobacco.
Note on Federal Legislation: Bipartisan legislation regulating Internet sales of tobacco products and enforcing the states' excise tax on Internet tobacco sales is currently being considered in the U.S. Congress.
Continue Overview... |
