Lung Association Sees Lack of Major Legislative Gains in Tobacco Control

Main Category: Smoking / Quit Smoking
Article Date: 13 Jun 2004 - 1:00 PDT


A new American Lung Association report on state tobacco laws approved so far in 2004 shows a lack of major legislative achievement in tobacco control. However, the momentum for strong statewide smokefree air laws appears to be continuing.

The economic outlook seems to be improving for most states, leading to less activity on cigarette taxes than in previous years when budgets were strapped and lawmakers sought new sources of revenue. Two states, Alabama and Virginia, have raised their cigarette taxes since January 1 by 26 cents and 17.5 cents respectively. An increase of 35 cents in Pennsylvania was passed in December 2003 and went into effect in January 2004. As of this July 1, the average state tax will be 74.0 cents per pack. Alaska, Michigan, Oklahoma and Texas also are seriously considering tax increases.

"Higher cigarette taxes are win-win-win decisions for policymakers. The benefits are enormous. Higher taxes keep kids from smoking, motivate adults to stop, trim future smoking-related health care costs and raise new revenues that can be used to help fund tobacco prevention programs," said John L. Kirkwood, President and CEO of the American Lung Association.

"Local cigarette taxes have also contributed to significant reductions in smoking rates," he said.

A recent survey done by the New York City Department of Health and Mental Hygiene showed an 11 percent reduction in adult smoking rates among New York City residents, and a 13 percent reduction in consumption. This represents 100,000 fewer smokers, and 30,000 fewer smoking related deaths. Cook County, IL, which includes Chicago, raised its cigarette tax from 18 cents to $1.00 per pack in April 2004, an 82-cent increase.

The improving economy has largely spared tobacco prevention programs from new cuts but, unfortunately, there has been no move to restore funding lost through earlier cuts or to significantly increase funding. Only a handful of states' FY 2005 budgets approach the minimum level of funding for tobacco prevention and control recommended by the Centers for Disease Control and Prevention.

Now, five months into 2004, the momentum for strong statewide smokefree air laws appears to be continuing. Idaho passed a measure significantly strengthening its smokefree air law, and specifically allowing more stringent local ordinances. However, the measure excludes stand-alone bars and businesses employing fewer than five people. Massachusetts and Rhode Island seem poised to enact comprehensive smokefree air laws as well.

State preemption of local smokefree ordinances remains a problem in a number of states. Preemption constrains the ability of local governments to enact strong smokefree air laws to protect the health of their citizens. Currently, 21 states have total or partial preemption. Preemption is a major state legislative priority for the tobacco industry and its front groups because their influence is much weaker at the local level.

The American Lung Association's midterm tobacco report also found that -

-- Several states have defeated proposals that would securitize their Master Settle Agreement (MSA) revenues due to tobacco bond market saturation and continuing civil lawsuits against the tobacco industry for consumer fraud. [Securitization involves selling the rights to future MSA payments in return for a lesser lump sum right now.]

-- States continue to pass laws cracking down on Internet sales of tobacco, which cost states millions in lost tax revenue and provide kids an easy way around minimum age laws.

The American Lung Association report is a mid-term 2004 update of its annual State Legislated Actions on Tobacco Issues (SLATI) report and can be found at: http://slati.lungusa.org. SLATI itself is also available online at: http://slati.lungusa.org, and is updated every two to three weeks.

Celebrating its 100th anniversary, the American Lung Association works to prevent lung disease and promote lung health. Lung diseases and breathing problems are the leading causes of infant deaths in the United States today, and asthma is the leading serious chronic childhood illness. Smoking remains the nation's leading preventable cause of death. Lung disease death rates continue to increase while other leading causes of death have declined.

The American Lung Association has long funded vital research on the causes of and treatments for lung disease. It is the foremost defender of the Clean Air Act and laws that protect citizens from secondhand smoke. The Lung Association teaches children the dangers of tobacco use and helps teenage and adult smokers overcome addiction. It educates children and adults living with lung diseases on managing their condition. With the generous support of the public, the American Lung Association is "Improving life, one breath at a time."

For more information about the American Lung Association or to support the work it does, call 1-800-LUNG-USA (1-800-586-4872) or log on to http://www.lungusa.org

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