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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
- 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 Laws
—
MMWR Highlights
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