Report Examines State Laws on Tobacco Control

The Department of Health and Human Services today released a new report surveying state tobacco legislation in all 50 states and the District of Columbia. The report, "State Laws on Tobacco Control--United States, 1995," prepared by the Centers for Disease Control and Prevention in partnership with the National Cancer Institute, shows wide variation among states in their tobacco control laws. The report was published as CDC's MMWR Surveillance Summary.

"The findings in this report concerning youth access to tobacco products are especially important," Secretary Shalala said. "The findings indicate that penalties for illegal sale to those under 18 are often minuscule, even if they are enforced. This is consistent with other findings which show that underage persons are usually able to purchase tobacco products, despite all the laws against such sales."

The report cites studies which have concluded that underage buyers are able to purchase tobacco products from retail outlets approximately 73 percent of the time, and from vending machines approximately 96 percent of the time.

The report identifies 1,238 state laws in effect as of June 30. Highlights include:

Youth Access: All states prohibit the sale and distribution of tobacco products to persons under 18 years old, but penalties for first violations to business owners, managers or clerks range from fines of $10 to $50 in 11 states to a fine of up to $1,000 or more in four states. Thirty-three states require a retail license for sale of tobacco products, and of these, 14 provide for suspension or revocation of the license for violation of youth access laws.
Vending Machines: No state has banned sale of tobacco products through vending machines, although 32 states have some restrictions on youth access to the machines. Twelve states ban vending machines from areas accessible to young persons, allowing placement only in bars, liquor stores and other adult-only establishments. Twenty-three states have penalties for first violations of restrictions on the location and supervision of vending machines.
Advertising: Nine state laws restrict tobacco advertising. These laws include limitations on advertising near schools and advertising on state property.
Excise Taxes: State taxes on cigarettes vary from 2.5 cents per pack in Virginia to 75 cents per pack in Michigan. The average is 31.5 cents. (Note: Effective July 1, 1995, Washington State began taxing cigarettes at 81.5 cents per pack.)
Worksites: Twenty states and the District of Columbia limit smoking in private worksites, although only one of them (California) requires either no smoking or separate ventilation for smoking areas.

The report also examines preemptive state laws, which prohibit local jurisdictions from having tobacco control ordinances that would be stricter than state law. Laws in 16 states preempt local governments from enacting more stringent restrictions related to sale of tobacco products to minors.

"Preemptive state laws tie the hands of local communities in such areas as sale to youths and smoke-free environments," said CDC Director David Satcher, M.D.

NOTE: Copies of the report, "State Laws on Tobacco Control -- United State, 1995," are available from the CDC Press Office, (404) 639-3286.

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