Policy

State

New from TALC: Restricting free tobacco samples
The Technical Assistance Legal Center (TALC) has just released a series of tools to help California communities limit the free distribution of tobacco products, a practice known as “sampling.” As of June 2010, federal law will put new restrictions on tobacco sampling but will not prohibit it completely. The series features three tools: a new fact sheet that explains what types of sampling the FDA law will prevent and where, outlining what communities can do to further restrict free tobacco giveaways; an updated model California ordinance that allows cities and counties to go further than the new federal law by completely banning all tobacco sampling; and a checklist to accompany TALC’s model ordinance, highlighting key policy options and outlining the steps involved in getting a local ordinance adopted.

S.F. moves to curtail tobacco outlets (CA)
San Francisco legislators may take steps to limit the number of permits to sell tobacco in the city. The proposal would not take away current permits from businesses, but would instead reduce the number of permits by attrition until the maximum per district was thirty-five. Supporters say the measures will decrease children’s exposure to tobacco and tobacco advertising. Opponents argue that the bill would harm small businesses, which attribute approximately 30% of their revenue to tobacco sales. Click here for more details.

Ban coming on tobacco products at state prisons (GA)
All tobacco use will be banned at state prison facilities in Georgia starting January 1, 2010. By the end of 2010, all thirty-seven state prisons will be tobacco-free. Tobacco use has been banned inside buildings at correctional facilities since 1995. The Georgia Department of Corrections cites improved inmate health and decreased healthcare costs as reasons behind the ban. Click here to read more.

State bans smoking in mental hospitals (GA)
The State of Georgia will ban smoking at the seven state-operated mental hospitals starting January 5, 2010. The ban would apply to both staff and patients, in order to make the patients and facilities healthier. Enforcing the ban will be challenging, as 75% of people with mental illness or addictions smoke. Some mental health experts are concerned that the ban may create extra stress on the patients, but smokers will be provided with counseling and cessation aids to facilitate quitting. Read the full article here.

Bill to extend smoking ban (Guam)
Senators in Guam voted in November on a bill that would extend the current indoor smoking ban to include areas within 20 feet of the entrance of an enclosed public place. If signed into law, the bill would anyone who smokes within 20 feet of an enclosed public space would be fined the same as if they were indoors. This would also apply to areas surrounding elevators, businesses, and bus stops. Click here to read more. Update: The bill passed unanimously. Read more here.

With aid, Mass. poor cut smoking: State coverage for cessation programs hailed (MA)
Within one year, users of Massachusetts’ MassHealth (the state’s medical insurance for the poor) smoking cessation benefit had significant reductions in hospitalizations for heart attacks, emergency and clinic visits for asthma, and acute birth complications. The widely promoted benefit, which became part of the MassHealth plan in July 2006, covers all FDA-approved cessation medications as well as behavioral counseling. Forty percent of MassHealth members who smoke have tried to quit, a nationwide high. The success of the program in improving health outcomes demonstrates the importance of comprehensive tobacco cessation services. Click here to read the article, or click here for a press release from the Massachusetts Office of Health and Human Services.

St. Louis County voters OK smoking ban (MO)
St. Louis County voters approved a smoking ban for most public places at the polls this month, a move that will trigger a similar smoking ban in St. Louis City. Click here to read more. Click here to read the text of the ordinance. Related: Smoking ban exemptions are now the focus of criticism Because voters so overwhelmingly supported the smokefree ordinance, the St. Louis City Council may consider removing exemptions in the new law that allow smoking in casinos and some bars. Click here for more details.

Website explains new NC smoking law (NC)
North Carolina Governor Bev Perdue has launched a new website, www.SmokeFree.NC.gov, to provide business owners and customers with information regarding the implementation of the state’s smoking ban. The website includes fact sheets, no smoking signs, and other tools to facilitate the transition to smoke-free restaurants, bars, and lodgings in January 2010. The site’s launch comes as a response to some confusion over what establishments would and would not be affected by the upcoming ban. To view the state website, click here. To read more about the confusion surrounding the ban, click here. Click here for more details on the campaign to educate bar and restaurant owners about the new law. Related: County officials weigh possibility of additional smoking restrictions The new state smokefree law does not preempt local laws, so cities and counties in North Carolina are now considering whether to enact stronger smoking restrictions. Read more here.

Health officials to seek smoking ban in Oklahoma (OK)
Although Oklahoma was among the first states to regulate smoking in public places, loopholes remain in the state’s laws that allow smoking in separate rooms in restaurants and stand-alone bars. A bill attempting to close these loopholes was stopped in the Oklahoma House in spring 2009, but officials from the American Heart Association and the state Department of Health seek to support legislation in 2010 to ban smoking in all bars and restaurants. Anti-smoking advocates are sympathetic toward restaurant owners who invested in smoking rooms to comply with the 2003 laws, but argue that protecting the health of employees and customers is more important. Click here to read the AP article.

State AG cracks down on illegal cigarette sales (TN)
Tennessee Attorney General Bob Cooper is cracking down on illegal cigarette sales and promotions targeting young people. The office is taking legal action against stores, internet retailers, and companies that do not comply with state tobacco control laws. Retailers selling single cigarettes have been warned, and action will be taken against foreign and out-of-state cigarette manufacturers not making the payments required by the Master Settlement Agreement to compensate for state revenue losses incurred as a result of illnesses related to smoking. Click here to read more.

Legislator wants to ban nicotine candy (UT)
Utah Representative Paul Ray will introduce a bill in an upcoming legislative session that would ban nicotine candy in the state. The bill would give the Utah Department of Health the ability to ban the candy and use law enforcement to enforce the ban. Ray argues that the candies, which are currently on the market in Utah, are dangerous because they are attractive to children. The nicotine tablets resemble ordinary candy or gum, but ingesting a few tablets can be fatal to a child. Click here for the full article.

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National

After the FDA tobacco control law: Which policies are legal to pursue?
In response to the Family Smoking Prevention and Tobacco Control Act, the Public Health Law & Policy Technical Assistance Legal Center (TALC) and The Center for Tobacco Policy & Organizing developed a chart to explain the legal limits of what communities can legally do to restrict tobacco advertising. The document lists state and local policy elements that are affected by the FDA law, and explains which policies are legally safe to pursue, and highlights potential legal snares. To view the chart, click here.

Small business assistance from FDA for tobacco regulation implementation
In an effort to help small businesses obtain the guidance they need on implementing regulations, the Food and Drug Administration (FDA) has instituted small business assistance programs in the five FDA regional offices and in each of the Centers. The Center for Tobacco Products has a small business assistance program, which will be expanded as the Agency implements provisions of the Family Smoking Prevention and Tobacco Control Act. The FDA has created a website with information about FDA and the Center for Tobacco Products that should help small businesses interact with the Agency. Click here to visit the FDA’s website for small businesses.

FDA says companies violating flavored cigarette ban
The U.S. government warned Clove Cigarette Shop, Durango Smoke Shop Inc, and eight other companies for violating the new federal ban on the sale of flavored cigarettes, telling them to immediately stop marketing the products or to bring them into legal compliance. Continued failure to comply with the ban could result in product seizures or injunctions. Click here to read more. Related: Report violations of the ban on flavored cigarettes to FDA The ban of flavored cigarettes is an important opportunity for you to provide timely and useful information to the FDA.  Reporting violations of the law is crucial and will allow FDA to successfully enforce the Act. In addition, any information provided regarding other flavored tobacco products will assist FDA as it examines options for regulating these products. The Campaign for Tobacco-Free Kids has collected sample images of the types of products to look for. Click here to download. Members of the public may report violations using a form available here on the FDA’s website. Click here to download and print a hard copy of this form.

Tobacco cessation coverage and prevention funding in House and Senate health reform bills
The U.S. House of Representatives recently passed healthcare reform legislation. The bill, HR 3962, contains several important tobacco-related provisions including cessation coverage and funding for community prevention efforts. This is encouraging news, but tobacco control advocates will need to be vigilant to ensure that these provisions remain in whatever final legislation is enacted. The Senate will now take up its version of the legislation, and then a conference committee will determine the final provisions. Thus in the coming weeks it will be important that Senators hear that prevention is an essential element of health reform and that prevention saves lives and health care dollars. Click here to download a chart from the Campaign for Tobacco-Free Kids detailing the tobacco-related provisions of the various bills. Related: The American Lung Association recently issued a report on state coverage of tobacco cessation treatments, and recommended that policymakers require coverage in the healthcare reform legislation. Click here to view the report.

State Medicaid coverage for tobacco-dependence treatments --- United States, 2007
Because low-income populations, including Medicaid enrollees, smoke at higher rates than the general population (33% versus 20%), the Public Health Service is recommending that comprehensive insurance coverage of tobacco dependence treatments be made available without barriers to receiving these treatments. Over the past decade, there has been an upward trend in coverage levels, with 84% of states currently covering at least one tobacco dependence treatment. The types of treatments that are covered vary by state, and most states limit the coverage for pharmacotherapy by requiring copayments, limiting duration of treatment, requiring pre-authorization, or enrollment in counseling. Click here to read the report, published in the CDC’s MMWR Weekly (11/6/09). Click here to download a related report from the American Lung Association on state tobacco cessation coverage.

Insurance discounts for healthy habits spur debate in Washington
The U.S. Senate’s healthcare overhaul legislation would allow companies to charge up to 50% less on insurance premiums to workers who meet standards for healthy living, such as not smoking and having healthy weight, blood pressure, and cholesterol levels. Supporters believe the discounts serve as incentives for healthy behaviors, but opponents see them as another way to exclude individuals with pre-existing conditions from coverage. Some companies already offer insurance discounts to healthy workers. The law currently allows companies to discount healthy workers’ insurance by up to 20%, but there has been talk in Senate committees of increasing the permitted discount to as much as 50%. Read the full article here.

Firestorm over smokeless cigarette
Several state and local governments across the country have introduced legislation to regulate e-cigarettes. Public health officials have concerns about the carcinogens that were found in e-cigarettes during Food and Drug Administration testing, and many believe that the new product has allowed smokers to evade smoking bans. E-cigarette companies and some smokers counter that e-cigarettes should be available as an alternative to smoking. Click here to read the full article, which outlines pending e-cigarette legislation around the country.

New NALBOH position statement on sustaining funding for tobacco control
The National Association of Local Boards of Health (NALBOH) has released a new position statement on funding for tobacco control. NALBOH supports increasing, or at least sustaining, tobacco control funding at CDC’s recommended levels, and encourages local boards of health to advocate for sustaining tobacco control funding. NALBOH also encourages state and local boards of health to adopt similar resolutions. Click here to download the position statement.

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International

Smokers worldwide support workplace smoking bans, study finds
The 2007 Global Workplace Smoking Survey, administered to 3500 employees and 1400 employers in fourteen countries, collected information on workplace smoking and cessation. While there was substantial variation in support for workplace smoking bans between countries (85% support in India and 33% in Germany, for example), overall 74% of smoking employees and 87% of employers thought the workplace should be smoke-free. The findings suggest that subsequent programs aimed at reducing workplace smoking should assist with smoking cessation. Click here to read an article summarizing the findings or click here to read the abstract of the study, published in the International Journal of Public Health.

Tobacco groups ask Obama to challenge Canadian ban (Canada)
Philip Morris International joined with U.S. tobacco industry groups on Thursday to ask President Barack Obama's administration to challenge Canada's new law banning flavored cigarettes and small cigars. The U.S. tobacco groups support the goal of banning candy-flavored cigarettes, but argue that Canada’s ban unfairly restricts the import of U.S.-grown burley tobacco, thus violating World Trade Organization obligations. The Obama administration has not publicly responded to the tobacco industry’s request. Read more here.

Closing the tobacco loopholes (European Union)
European Union finance ministers have agreed to increase the minimum excise tax rates on cigarettes and other tobacco products. The proposal would raise the minimum tax rate from 64 to 90 Euros per 1,000 cigarettes and close loopholes tobacco companies have used to benefit from lower tax rates, such as marketing cigarettes as cigars and cigarillos, and referring to fine-cut tobacco as pipe tobacco. Read more here.

Indonesia seeks to clear the air over U.S. kretek ban (Indonesia)
Indonesian government officials will soon meet with their U.S. counterparts in an effort to alleviate tension over the U.S. ban on clove flavored kretek cigarettes, a major Indonesian export. Indonesian officials claim the U.S. ban is in breach of World Trade Organization (WTO) rules. Indonesia is the world’s largest manufacturer of kretek cigarettes, with a fifth of its supplies heading for the U.S. market. Read more here.

Smoking ban 'did not lead to rise in home exposure' (UK)
Opponents of the 2007 UK smokefree law feared an unintended negative consequence--that smokers would stop smoking in bars and restaurants, and would instead expose their children to more smoke at home. Salivary cotinine measurements in primary school children from pre-legislation and one year later indicate that the policy did not cause a significant change in home-based secondhand smoke exposure among nonsmoking children. While secondhand smoke exposure in public decreased significantly, exposure at home remained the primary source of exposure after the law was in effect. The data suggest that further action is needed to decrease children’s exposure to secondhand smoke at home. Click here to read more, or click here to read the abstract of the research in BMC Public Health.

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