The American Lung Association State of Tobacco Control 2005 report tracks progress on key tobacco control policies at the federal and state level including cessation, regulation of tobacco products, ratification of the tobacco treaty, cigarette taxes, smokefree air, tobacco prevention programs and youth access.

While progress has been made since this report was first released four years ago, the tragedy remains that over 438,000 people—mothers, fathers, uncles, aunts, grandfathers, loved ones—die each year from tobacco related diseases.

SMOKEFREE AIR 2010 CHALLENGE

This report kicks off the American Lung Association Smokefree Air 2010 Challenge. The American Lung Association challenges policymakers to close the loopholes in smokefree air laws and protect all people from secondhand smoke in public places and workplaces so that every community and all states are 100 percent smokefree by 2010.

Since the first State of Tobacco Control report was released four years ago, the most significant progress has been made in smokefree air policy. What started as comprehensive policy in only one state, California, has spread to states and communities across the country and around the world.

Policymakers from Anchorage, AK to Austin, TX have heeded the challenge and passed strong smokefree air laws. In 2005, a record 20 states received passing grades for smokefree air, while 9 states—Delaware, California, Connecticut, Maine, Massachusetts, New York, Rhode Island, Vermont and Washington—have comprehensive smokefree air laws in almost all public places and workplaces.

The movement toward smokefree air is gaining momentum. The American Lung Association predicts that by 2010 all states will meet the Challenge and the United States will be smokefree in almost all public places and workplaces.

Policymakers in this nation have a new opportunity to make progress in protecting the health of all citizens in 2006. The American Lung Association urges policymakers to meet our Challenge and make the nation’s health a priority.

2005 A YEAR IN REVIEW

In 2005, the most significant federal tobacco control action occurred in the courts. The landmark Department of Justice (DOJ) lawsuit charged the major tobacco manufacturers with civil racketeering, presenting a strong case of a 50-year campaign to deceive and defraud the American people about the dangers of smoking. In closing arguments, the government lawyers backed away from strong remedies, causing the American Lung Association, along with five other public health organizations, to intervene in the case in order to make the case for requiring the strong remedies. A final decision in the case is expected in 2006.

Congress and the Administration failed to make significant progress against the nation’s number one preventable cause of death. Legislation to grant the Food and Drug Administration (FDA) regulatory authority over tobacco products was again introduced in Congress. The list of co-sponsors continues to grow, but no final action was taken this year. The Framework Convention on Tobacco Control, the world’s first tobacco control treaty, continued to languish on the President’s desk as it took on the force of international law with 114 nations ratifying the treaty as of November 2005.

The federal government is making some progress to help the 44.5 million adult smokers quit. The Centers for Disease Control and Prevention (CDC) and the National Cancer Institute are developing a national tobacco quitline network. In addition, Medicare now includes smoking cessation counseling as a covered benefit for most beneficiaries. However, the federal government is still woefully under-funding cessation efforts.

While the federal government failed to make progress, many states moved forward to protect their citizens from tobacco’s deadly grip. At the state level, smokefree air laws and tobacco tax increases topped the agenda in a number of states. Smokefree air laws were strengthened in six states including Georgia, the first major tobacco-producing state to pass a statewide smokefree air law. Progress was also made in cigarette tax increases with 12 states, including Kentucky, North Carolina and Virginia, raising their cigarette taxes.

Despite the gains made in 2005, the tobacco industry continues to exert political influence in many state legislatures. Despite mounting evidence that tobacco prevention programs work, these programs continue to be cut. The tobacco industry has ramped up its campaign to keep smokers addicted and find replacement smokers for those who have died from smoking-related health problems. In fact, in 2003, $15.2 billion was spent on cigarette advertising and promotion, the most ever reported by the major cigarette manufacturers. 1 States have began to look at creative ways to undercut the tobacco industry’s insidious marketing practices by introducing bans on candy-flavored cigarettes and cracking down on Internet tobacco sales.

The American Lung Association State of Tobacco Control 2005 report calls on Congress, the Administration, state legislators and governors to save lives and protect public health by adopting strong and effective tobacco control policies.

Many states have hard-working tobacco control coalitions that continually encounter strong resistance from their state legislators and powerful tobacco interests. The grades given in this report in no way reflect the degree of tobacco control effort expended by the public health community. Quite simply, the grades reflect how well tobacco control laws measure up to the best in the nation or goals set by federal agencies such as the CDC.