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Preemptive State Tobacco Control Laws—United States, 1982-1998

January 08, 1999 / Vol. 47 / No. 51

Entire document in Portable Document Format (PDF LogoPDF - 292)


The Friday, January 8, 1999, issue of the Centers for Disease Control and Prevention's (CDC) Morbidity and Mortality Weekly Report (MMWR) contains a new study titled, Preemptive State Tobacco Control Laws--–United States, 1982-1998. Preemptive laws prevent local jurisdictions from passing tobacco control laws that are more stringent or vary from the state law. The study analyzes preemptive laws from three primary tobacco control areas: smokefree indoor air, minors' access, and marketing. The study found that preemptive state tobacco control laws increased significantly from 1993 to 1996.

Other study findings include:

  • Eighteen states have adopted at least one preemption law that prevents local governments (e.g., cities and counties) from passing laws regulating secondhand smoke in government worksites, private worksites, or restaurants. Currently, 13 states preempt local smoke-free indoor air laws in all three venues. The Healthy People 2000 objective is to reduce to zero the number of preemptive smokefree indoor air laws.
  • Twenty-one states preempt local laws on at least one minors' access provision (sales to youth, vending machines, or distribution); ten states preempt local laws on all three provisions. Seventy-six percent of the state laws preempting minors' access became effective between July 1993 and July 1996.
  • Seventeen states preempt localities from passing laws restricting the marketing of tobacco products (sampling, display, promotion, or labeling.) Fourteen states preempt laws on tobacco display, promotion, or sampling; all but one of these preemptive laws became effective between July 1993 and July 1996. Three states (Illinois, Michigan, and West Virginia) have preemptive restrictions on smokeless tobacco warning labels; all of these laws became effective between 1987 and 1988.

Preemptive State Tobacco Control LawsMMWR Highlights


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This page last reviewed April 11, 2003

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