Confronting Reality: Addressing Tobacco Marketing in the Retail Environment

In the post-Master Settlement Agreement and post U.S. Supreme Court Lorillard v. Reilly decision, the California Tobacco Control Program has been stumped in terms of identifying meaningful interventions to address the tobacco industry's retail sales, marketing and pricing strategies that influence the progression of experimenting with tobacco to becoming a regular smoker and that weaken the resolve of smokers' intentions to quit. In May 2008, California convened a national Summit of individuals representing legal, economic, advertising, policy, tobacco excise tax, sales and use tax, and enforcement expertise. Summit participants were challenged to help California identify meaningful interventions that would not only react to the current environment, but that would shape a new tobacco retail environment which includes provisions to promote public health interests. The Summit consisted of a series of presentations by leading economists, researchers, attorneys, and tax experts. Summit participants then convened in smaller groups to brainstorm policy and enforcement options. These were analyzed by Summit participants based on their potential impact on the price of tobacco, legal feasibility, political constraints, potential supporters/opponents, impact on the consumer, potential unintended consequences, and how to measure their impact if adopted. The results were a rich mix of options that build upon concepts such as minimum price laws, performance-based regulatory action, the Fairness Doctrine, taxes on advertising, and improved disclosure of tobacco price discounting. In conclusion, the Summit provided a strong foundation to create a viable strategy that will confront tobacco marketing in the retail environment with meaningful public health results.