Overview
Executive Summary
The American Lung Association State of Tobacco Control 2005 report grades federal and state tobacco control laws and regulations enacted as of December 31, 2005. The federal section of the report grades tobacco control laws regarding cigarette taxes, lack of regulation of tobacco products by the Food and Drug Administration (FDA), cessation and the international tobacco control treaty - the Framework Convention on Tobacco Control (FCTC). The state tobacco control law section focuses on tobacco prevention and control spending, smokefree air, cigarette taxes and youth access to tobacco products.
Each year 438,000 people die of tobacco related illness in the U.S., costing $167 billion in healthcare costs and lost productivity.1
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The American Lung Association State of Tobacco Control 2005 report found the following policy trends:
Federal Update
In 2005, much of the attention on federal tobacco policy was focused on a landmark Department of Justice case against the tobacco industry that alleged a 50-year campaign to deceive and defraud the American public about the dangers of smoking. The Lung Association and others intervened to require strong remedies (a decision is expected in 2006). The Framework Convention on Tobacco Control became international law although the U.S. has not moved to ratify the treaty. Legislation to give FDA the authority to regulate tobacco products and advertising continues to build broad bipartisan support, but was not brought to a vote this year.
A bright spot was the federal government's decision to have Medicare cover smoking and tobacco use cessation counseling for most beneficiaries. Unfortunately, it continues to fail to fund cessation at the level recommended by its own experts.
Maine Leads the Way: Scores an A in All Categories
Maine has the distinguished honor to become the first state to score an A in each of the four categories: Tobacco Prevention Funding, Smokefree Air, Cigarette Tax and Youth Access. Maine has set an example for all states and proved that with the political will a perfect grade is possible. The result will be lives saved from the death and disease caused by tobacco use and addiction.
Smokefree Air 2010 Challenge
The American Lung Association's Smokefree Air 2010 Challenge calls on state and local policymakers to protect people from the dangers of secondhand smoke and close existing loopholes in smokefree air laws. Everyone deserves protection from secondhand smoke in public places and workplaces. The Lung Association encourages all states to meet the Challenge and go smokefree by 2010.
On average, men who smoke cut their lives short by 13.2 years, and female smokers lose 14.5 years.4
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The public is embracing smokefree laws. A survey of registered voters in New York City found that the smokefree workplace law is very popular - more popular than the New York Yankees, Coney Island and even Krispy Kreme donuts.2 A July 2005 national Gallup poll showed support for smokefree workplaces and restaurants has increased since 2003. Today, a majority of the public favors smokefree air laws.3
The demand for smokefree places where people work and play is on the rise. Lawmakers have responded to the increase in popularity of smokefree air laws by passing smokefree air laws at the state and local level. Six states - Georgia, Montana, North Dakota, Rhode Island, Vermont and Washington - passed laws strengthening their smokefree air laws. In addition, communities such as Lincoln, NE, Laramie, WY, and Austin, TX, have gone completely smokefree, including prohibiting smoking in restaurants and bars.
Thousands Quit as State Cigarette Taxes Increase
The dramatic increase in state cigarette taxes has motivated thousands of smokers to quit. In New York City, the benefits of a high tax, smoking cessation programs, and a comprehensive smokefree air law led to 180,000 fewer smokers in 2003 and 2004, representing a 15 percent decline over two years.5 In the first six months since Oklahoma's historic $0.80 increase, 30,000 Oklahomans have quit smoking.6
Twelve states - Alaska, Colorado, Kentucky, Maine, Minnesota, Montana, New Hampshire, North Carolina, Oklahoma, Ohio, Virginia and Washington - increased their cigarette taxes in 2005. The state cigarette tax average is now $0.92 per pack.
Nineteen states, the District of Columbia, and Puerto Rico have cigarette tax rates of a $1.00 or higher; five states - Maine, Michigan, New Jersey, Rhode Island and Washington - will be at or over $2.00 per pack.7 Kentucky and North Carolina, both large tobacco-growing states, raised their cigarette tax. The Kentucky increase was the first cigarette tax increase in 35 years.
Tobacco Prevention Programs Save Lives
Seven years since the Master Settlement Agreement between states and the tobacco industry, states that have made the commitment to fund tobacco prevention programs are reaping the benefits. Tobacco prevention programs in California, New York, Maine, Mississippi, Ohio and Washington have been credited with significantly reducing smoking rates. In Mississippi, since it began funding its program in 1999, smoking among public high school students is down 32 percent and down 48 percent among public middle school students.8
Despite the growing evidence that tobacco prevention programs are effective and save lives, these programs are still being cut. In recent years, model programs in Florida, Massachusetts and Ohio have been decimated by budget cuts. Activists in Florida have decided to fight back and have an- nounced plans for a 2006 ballot initiative to restore funding to Florida's tobacco prevention and control program.
Each day more than 4,000 kids under 18 try their first cigarette, and more than 1,500 other kids under 18 become established daily smokers.10
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States Crack Down on Candy-Flavored Cigarettes
With names like Kauai Kolada, Mandarin Mint, and Twista Lime it is easy to be confused about whether the tobacco industry is selling candy or products that addict and kill. In the latest attempt to hook kids, the tobacco industry has begun marketing cigarettes in assorted candy flavors. As expected, candy-flavored cigarettes appeal to young people. According to a recent study, 20 percent of smokers 17 to 19 years old smoked flavored cigarettes in a 30-day period.9
Outraged state legislators are cracking down on these products. Nine states have introduced legislation to ban candy-flavored cigarettes in 2005. In 2006, states are expected to pass legislation prohibiting these products.
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