Recent trends in state laws preempting local tobacco control policies

Preemptive state laws prohibit communities from enacting local laws that are more stringent than or that vary from state law. Since the most innovative and effective tobacco control policies have typically originated and spread at the local level before ultimately being adopted at the state level, state preemption impedes both local and state adoption of evidence-based policies to reduce tobacco use.

Using legislative data from 2000 through 2010 from the CDC State Tobacco Activities Tracking and Evaluation System, we examined trends in adoption and removal of state laws preempting local tobacco control policies related to: 1) restrictions on smoking in workplaces and public places; 2) restrictions on tobacco advertising; and 3) restrictions on youth access to tobacco products.

After peaking in the 1990s, adoption of new state preemption laws decreased sharply in the past decade. In addition, a number of states removed laws preempting local smoking restrictions through state legislation, state ballot measures, or court rulings. However, no progress was made in removing state laws preempting local advertising and youth access restrictions. While the number of states preempting local smoking restrictions decreased from 18 to 12 over the past decade, the number of states preempting local advertising restrictions remained constant at 18, and the number of states preempting local youth access restrictions increased from 21 to 22.

The results of this analysis indicate that substantial progress will be needed to achieve the Healthy People 2020 objective of eliminating all state laws that preempt local tobacco control policies.