Skip Navigation Links
Centers for Disease Control and Prevention
 CDC Home Search Health Topics A-Z
National Center For Chronic Disease Prevention and Health Promotion
Tobacco Information and Prevention Source (TIPS)
TIPS Home | What's New | Mission | Fact Sheets | Site Map | Contact Us
Contents
• About Us
• Publications Catalog
• Surgeon General's Reports
• Research, Data, and Reports
• How To Quit
• Educational Materials
• New Citations
• Tobacco Control Program Guidelines & Data
• Celebrities Against Smoking
• Sports Initiatives
• Campaigns & Events
• Smoking and Health Database
• Related Links

 


MMWR — Preemptive State Tobacco Control Laws

MMWR Highlights

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


  • Preemptive legislation is defined as legislation that prevents any local jurisdiction from enacting restrictions that are more stringent than the state law or restrictions that may vary from the state law. According to internal industry documents, the enactment of state preemptive tobacco control laws has been a priority of the tobacco industry. You can view the tobacco industry document: ID number TIMN0018602/8614 at http://www.tobaccoinstitute.com/
  • In 1982, the first preemptive tobacco control law went into effect in New Jersey and did not allow variance from the state law for smoking restrictions in health-care facilities and offices of persons performing the healing arts.
  • From 1982 to 1996, more than half of the states (31) enacted preemptive tobacco control laws in three primary tobacco control areas: smokefree indoor air, minors' access, and marketing. Maine repealed its preemptive law, effective June 1997.
  • Eighteen states have adopted at least one preemptive 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 smokefree 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—United States, 1982-1998


Privacy Policy | Accessibility

TIPS Home | What's New | About Us | Site Map | Contact Us

CDC Home | Search | Health Topics A-Z

This page last reviewed April 11, 2003

United States Department of Health and Human Services
Centers for Disease Control and Prevention
National Center for Chronic Disease Prevention and Health Promotion
Office on Smoking and Health