Objectives: State ceiling pre-emption laws effectively limit the authority of local governments to regulate numerous public health issues, including tobacco. While general trends in the number of state tobacco pre-emption laws have been well-documented, less is known about the specific content of these laws. This study provides a comprehensive analysis of the content of current state tobacco pre-emption laws and captures the salient features of these laws.
Study Design: This was a comparative analysis of tobacco pre-emption laws in the United States.
Methods: The study team collected data about tobacco pre-emption laws from the Centers for Disease Control and Prevention's State Tobacco Activities Tracking and Evaluation System. Trained legal researchers further verified and reviewed each law's content using the Westlaw database. A coding scheme was developed to capture and analyse these laws' most salient features.
Results: State tobacco pre-emption laws use various terms to indicate the pre-emption of a local authority, including supersede, pre-empt, uniform, exclusive, and consistent. State laws cover numerous general topics and vary widely in explicit terminology of authorities and fields pre-empted. Several state laws included grandfathering exceptions and a few allowed exceptions for particular local jurisdictions.
Conclusions: State laws that undermine local tobacco control efforts from implementing more stringent laws pose a threat to public health. These laws vary widely in their scope across the U.S., and local jurisdictions should be empowered to enact and maintain tobacco control measures that protect their communities from the harms of tobacco use and exposure.
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| http://dx.doi.org/10.1016/j.puhe.2023.07.003 | DOI Listing |
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A content review of state tobacco pre-emption laws in the US.
Public Health
September 2023
Department of Social Sciences and Health Policy, Wake Forest School of Medicine, 1834 Wake Forest Road, Winston-Salem, NC 27106, USA.
Objectives: State ceiling pre-emption laws effectively limit the authority of local governments to regulate numerous public health issues, including tobacco. While general trends in the number of state tobacco pre-emption laws have been well-documented, less is known about the specific content of these laws. This study provides a comprehensive analysis of the content of current state tobacco pre-emption laws and captures the salient features of these laws.
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Tob Control
September 2020
Department of Health and Exercise Science, University of Oklahoma, Norman, Oklahoma, USA.
Objective: Policies raising the minimum legal sales age (MLSA) of tobacco products to 21 are commonly referred to as tobacco 21. This study sought to identify components of tobacco 21 policies and develop an instrument to examine policy language within 16 state laws adopted by July 2019.
Methods: The multistage tool development process began with a review of established literature and existing tobacco 21 policies.
Intention to Try Tobacco Among Middle School Students in a Predominantly Rural Environment of Central Appalachia.
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January 2020
h Department of Community and Behavioral Health , East Tennessee State University, Johnson City , Tennessee , USA.
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Center for Tobacco Control Research and Education, Cardiovascular Research Institute, University of California San Francisco, San Francisco, California, USA Division of Cardiology, Department of Medicine, University of California San Francisco, San Francisco, California, USA Philip R. Lee Institute for Health Policy Studies, University of California San Francisco, San Francisco, California, USA.
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State pre-emption, local control, and alcohol retail outlet density regulation.
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Alcohol Policy Consultations, Felton, California.
The substantial health and economic costs of excessive alcohol consumption make its reduction a major public health and economic concern. The Community Preventive Services Task Force, based on a systematic review of the research literature, concluded that restricting alcohol retail outlet density through local land use and zoning regulations is an effective strategy for reducing these costs. Yet the implementation of the Task Force's recommendation is limited by state pre-emption, which determines the extent to which states allow local government to adopt policies and enact legislation.
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