Policy

Legislation

• International Policy
• National Policy
• Local Policy
• State Policy

International Policy

The worldwide rise and spread of tobacco use is an issue which has recently begun to be addressed on an international level. On May 24, 1999 the World Health Assembly (WHA), the governing body of the World Health Organization (WHO) passed a resolution to begin work on the Framework Convention on Tobacco Control (FCTC). A convention is an international legal agreement between states governed by international law. The Convention represents the first time the WHO has resolved to develop a legally binding instrument in accordance with Article 19 of its constitution.

The WHO accepts that tobacco is an important contributor to inequity in health in all societies and must be considered a harmful commodity because of its addictive nature and the health problems associated with its use. The goal of the convention is to establish protocols concerning issues of international concern, for example: prices, tax-free products, advertising, internet trade, smuggling, and information sharing.

• WHO Tobacco Free Initiative Page
• WHO code of practice on tobacco control for health professional organizations

The Framework Convention on Tobacco Control Treaty

President Bush signed the Framework Convention on Tobacco Control (FCTC) treaty- a treaty designed to help restrict tobacco use world wide. The main points of the treaty revolve around ways to limit tobacco use. It bans tobacco advertising and promotion unless constitutional barriers exist, limits exposure to second hand smoke, requires tobacco products to have health labels cover over 30 percent of the wrapping, and eliminates misleading language such as low tar, or mild from appearing on labels (American Thoracic Society, 2004). To become a powerful force the treaty must be ratified by 40 nations; however, currently the treaty has been ratified by 12 nations receiving only 108 signatures. Even though President Bush has signed the treaty it must be ratified by the senate before the United States can become one of the 40 nations to ratify the FCTC treaty.

Highlights of the first Tobacco Treaty Conference of the Parties

The first Conference of the Parties (COP) to the WHO Framework Convention on Tobacco Control has concluded today in Geneva, having adopted the following decisions:

To establish the permanent secretariat of the Treaty within the World Health Organization, located in Geneva. Delegates agreed on a budget of US$ 8 million for its functioning during the next two years. Parties agreed to fund it through voluntary assessed contributions.

To create working groups that will begin development of protocols (legally binding instruments) in the areas of cross-border advertising and illicit trade. To help countries establish smoke-free places and effective ways of regulating tobacco products, Parties agreed to develop guidelines (non-binding instruments).

To allow the Conference of the Parties to assess progress made by countries in implementing the measures required by the Treaty through a pilot reporting questionnaire agreed by the Parties during the Conference.

To establish an ad-hoc group of experts that will study economically viable alternatives to tobacco growing and production, with a view to making recommendations on diversification initiatives for those countries whose economies depend heavily on tobacco production.

The President of the Conference, Ambassador Juan Martabit from Chile said, "The urgency of the problem of tobacco use is shared by all of us, and the commitment from countries and civil society to take action is very strong. I felt the positive spirit throughout the Conference, which clearly contributed to its success, helping countries to reach consensus quickly on the basic issues, so we can concentrate our efforts in the implementation. I am confident we are on track to save millions of lives in the near future thanks to this Treaty."

National Policy

Environmental Tobacco Smoke

Since 1991 the National Cancer Institute has released fifteen monographs covering many areas of interest in tobacco use research and policy (list of monographs). A monograph was published in 1999 that addressed the "Health Effects of Exposure to Environmental Tobacco Smoke". This publication is a review of current research which links ETS, or secondhand smoke, to lung cancer in adults, respiratory problems in children, heart disease, low birth weight, and sudden infant death syndrome. The paper goes on to say: "...[The] major public health burden caused by ETS more than justifies creating smoke-free workplaces and public areas." Find out more at the Environmental Protection Agency.

Master Settlement Agreement

Here is the text of the the Master Settlement Agreement between the tobacco companies and the 46 states (PDF)

Tobacco Scam is a website that shows “How Big Tobacco uses and abuses the restaurant industry”

The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General—June 27 2006

Americans for Nonsmokers provides a list of all non-smoking states and localities.

Americans for Nonsmokers' Rights

Americans for Nonsmokers' Rights is the leading national lobbying organization dedicated to nonsmokers' rights, taking on the tobacco industry at all levels of government to protect nonsmokers from secondhand smoke and youth from tobacco addiction. ANR pursues an action-oriented program of policy and legislation.

Local Policy

SMOKESCREEN

"Action Network" website containing information on news and policy issues. Includes an interactive area where browsers can enter their zip code for local updates/alerts.

State Policy

State Tobacco Laws

• 41 states restrict smoking in governmental work sites, while in 20 states restrict tobacco use in private buildings. In 31 states restrictions are also placed on restaurants to contain or eliminate tobacco products. To protect children 28 states and D.C prohibit smoking in child care areas and five states have taken steps to strengthen their smoke-free indoor air law.
• All states prohibit sale and distribution of tobacco products to minors, but only 9 states restrict advertising of tobacco products. In 23 states and D.C., a retail tobacco license can be suspended or revoked for selling tobacco products to a minor.
• In only 33 states is a retail licensure required for the sale of tobacco products.
• All states tax cigarettes (average = 3 8 . 9 cents per pack) 13 states have increased the fix tax even higher to 12 cents in New Hampshire to 71 cents in Alaska. , and in 42 states smokeless tobacco is taxed as well
• Tables summarizing state laws are available through Centers for Disease Control's State Tobacco Activities Tracking and Evaluation system which can be used at state and local levels to plan and implement initiatives on youth access to tobacco products, advertising, and taxation of tobacco products. (Shelton et al, 1995, MMWR, 44,1-28) (Updated information from 1998, MMWR, 48)
• Vending Machine restrictions:
  
  There are 18 states with no restrictions. In 17 states, vending machines are not allowed in areas accessible to minors unless machines are supervised and/or have locking devices. 12 states banned vending machines from areas accessible to minors. Florida requires supervision of vending machines at all times.

Tobacco Settlement Money (summary of state actions as of Winter 1999)

• Eight States: Hawaii, Maryland, Massachusetts, Minnesota, New Jersey, Vermont, Wisconsin and Washington have made substantial new commitments to funding tobacco prevention and cessation programs
• Six states: Alaska, Montana, Nevada, New York, Virginia, and New Hampshire have committed some money to prevention and cessation programs.  They have agreed to less than one third of the minimum amount recommended by the CDC for these states.
• Six states: Idaho, Maine, California, North Dakota, West Virginia, and Michigan have made no commitments of funds for prevention and cessation. 
• Five states: Delaware, Wyoming, Nebraska, North Carolina, and Kansas have placed their settlement money into a trust fund that may be used for a variety of purposes.
• Nineteen states: Arizona, Arkansas, Colorado, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Missouri, New Mexico, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, and the District of Columbia have made no legislative decision regarding the settlement money.
• Six states already have comprehensive tobacco prevention and cessation programs: California, Massachusetts, Arizona, Oregon, Florida, and Mississippi; only Massachusetts has increased funding for their program.
• Note: It is too early to definitively determine the usefulness of tobacco prevention and cessation programs on the tobacco-use rates of children and teen-agers.
• Four States: Maine, Delaware, Mississippi and Arkansas- currently fund tobacco programs at the minimum levels suggested by the CDC
• Eight States: Fund tobacco programs at half of the minimum suggested by the CDC
• Thirty-three States: Are spending less than half the suggested amount and five states: Michigan, Missouri, New Hampshire, South Carolina, Tennessee, and the District of Columbia provide less than a substantial amount of money toward tobacco prevention programs.
• Annual funding for tobacco prevention has dropped by over 28 percent or $209 million in the last two years.
• Tobacco industries have increased their expenditures by 66 percent in the last three years reaching a record of 11.45 billion a year. According to the FTC the tobacco companies are spending twenty dollars marketing for every one dollar spent than all 50 states spend on prevention.
• The states are spending only one-third of what the CDC recommends for tobacco prevention accounting for only 2.8 percent of their total tobacco revenue.
• Twenty States: have sold or securitized their right to a future in tobacco settlements for a smaller upfront payment, reducing the amount of settlement money available in the future.

Source: TobaccoFreeKids Reports

TobacoFreeKids

On November 23, 1998, 46 states settled their lawsuits against the major tobacco companies to recover tobacco-related health care costs, joining four states (Mississippi, Texas, Florida and Minnesota) that had reached earlier, individual settlements. These settlements required the tobacco companies to make annual payments to the states in perpetuity, with total payments over the first 25 years estimated at $246 billion. The multi-state settlement, known as the Master Settlement Agreement, also imposed limited restrictions on the marketing of tobacco products. For more information check out the TobaccoFreeKids Reports.

The American Lung Association

The American Lung Association® is the oldest voluntary health organization in the United States, with a National Office and constituent and affiliate associations around the country. Founded in 1904 to fight tuberculosis, the American Lung Association® today fights lung disease in all its forms, with special emphasis on asthma, tobacco control and environmental health. Their website is great source of current information about state-level tobacco control initiatives.

American Cancer Society

The American Cancer Society (ACS) is a nationwide, community-based voluntary health organization. Headquartered in Atlanta, Georgia, the ACS has state divisions and more than 3,400 local offices. The goal of the American Cancer Society (ACS) is to prevent cancer, save lives, and diminish suffering from cancer. Enter the areas below to learn more about ACS efforts to meet this goal.