Abstract
Tobacco 21: A discussion of state and local policies to raise the minimum legal sales age for tobacco products to 21
Maureen O'Brien, J.D.1 and Scott Kelly2
(1)Public Health Law Center at Mitchell Hamline School of Law, Saint Paul, MN, (2)Mitchell Hamline School of Law, Saint Paul, MN
APHA 2016 Annual Meeting & Expo (Oct. 29 - Nov. 2, 2016)
The research is clear. Raising the minimum legal sales age for tobacco products to 21 would have significant health benefits for our communities. According to a 2015 report by the Institute of Medicine, raising the minimum legal sales age for tobacco products to 21 nationwide would reduce tobacco initiation, particularly among adolescents aged 15 to 17, would result in 223,000 fewer premature deaths, 50,000 fewer deaths from lung cancer, and 4.2 million fewer years of life lost for those born between 2000 and 2019, would, over time, lead to a 12 percent decrease in smoking prevalence, and that it would result in near immediate reductions in preterm birth, low birth weight, and sudden infant death syndrome.
The question now is how to accomplish this goal. Unfortunately, it is not as simple as taking a red pen to existing law, crossing out the number “18” and replacing it with “21.” This presentation will share legal and practical challenges and successes from communities around the country that have drafted, implemented and enforced tobacco 21 policies.
The presentation will also address the social justice and health equity considerations raised by some tobacco 21 policies. Policies which penalize youth for purchasing tobacco, instead of focusing on the retailers who sell tobacco, have the potential to relieve the tobacco industry of responsibility for its marketing practices and divert attention from more effective tobacco control strategies. In addition, laws criminalizing youth behavior have been used to unfairly target youth of color, and a similar concern could exist with some tobacco 21 policies. The presentation will discuss how policies can be drafted to avoid these problems.
Advocacy for health and health education Public health or related laws, regulations, standards, or guidelines Public health or related public policy
Abstract
Tobacco Free Generation- Is it legally viable?
Kelsey Romeo-Stuppy, J.D.
Action on Smoking and Health, Washington, DC
APHA 2016 Annual Meeting & Expo (Oct. 29 - Nov. 2, 2016)
•issue: Tobacco kills 6 million people a year. Despite existing tobacco control measures, people are still dying. While many tobacco control measures are effective, they have not solved the tobacco epidemic. No jurisdiction has phased out tobacco entirely.
•description: Tobacco Free Generation is a movement gaining traction around the world that proposes legislation that no one born after the year 2000 will ever be allowed to purchase tobacco. The only action required is an I.D. check, which is already legally mandated. TFG allows current smokers to continue if they choose, but it will prevent tobacco addiction in the next generation. TFG will gradually reduce smoking rates to an extremely low percentage. As the legal purchase age gets higher, fewer smokers will initiate and/ or become addicted. While there are many advantages to the concept of TFG, there are also legal concerns. Some argue that this takes away free choice or amounts to age discrimination. Attendees will learn that neither of these amount to a valid legal challenge of TFG. Other potential concerns, such as black market/ illicit purchasing and loss of income will be addresses and discussed.
•lessons learned- TFG is essentially a recurring increase in the minimum purchase age, a measure which is proven to decrease smoking rates. States and localities have begun increasing the minimum legal age. For example, Needham, MA increased the minimum age to 21 in 2005. Smoking rates among Needham high-schoolers dropped almost in half from 2006-2010, far outpacing surrounding communities. TFG's success will be similar and can be tracked through smoking rates of the effected cohort.
•recommendations- After thorough legal review, states and localities should implement Tobacco Free Generation. TFG could be the final end-game strategy in the tobacco epidemic.
Advocacy for health and health education Public health or related education Public health or related laws, regulations, standards, or guidelines Public health or related public policy Public health or related research
Abstract
Increasing the Age of Sale for Tobacco Products: Lessons Learned
Scott Hall, J.D.1, Jessica Hembree, Master of Public Affairs2 and Rebecca Garza, M.S.3
(1)Greater Kansas City Chamber of Commerce, Kansas City, MO, (2)Health Care Foundation of Greater Kansas City, Kansas City, MO, (3)Wyandotte County Health Department, Kansas City, KS
APHA 2016 Annual Meeting & Expo (Oct. 29 - Nov. 2, 2016)
Of current smokers, more than 95% began smoking prior to the age of 21, making policies to increase the age of sale for tobacco and nicotine products a critical opportunity to prevent nicotine addiction. In October 2015, the Greater Kansas City Chamber of Commerce launched Tobacco21|KC, a call to action to raise the age of sale for tobacco products to 21 throughout the Kansas City (KC) region. HealthyKC is a partnership of the Greater KC Chamber, Blue Cross and Blue Shield of Kansas City, and the Health Care Foundation of Greater Kansas City with business, health care organizations, hospitals, nonprofits, government, and more to improve the health of KC.
Since the launch of Tobacco21|KC, localities from throughout the region have enthusiastically embraced Tobacco21 as a strategy to reduce youth smoking. As of February 2016, five cities in the KC region have adopted Tobacco21 policies and six others will consider it in the coming months. As of February 2016, more than half of the region's residents live in communities with Tobacco21 policies.
Among lessons learned from this effort are: the importance of community readiness; fostering collaboration across sectors; learning from other communities; laying the groundwork early; listening to champions; localizing the issue; engaging young people; and planning for opposition. In addition, we recommend robust enforcement of Tobacco21 policies and will discuss some best practices and emerging enforcement issues.
Advocacy for health and health education Implementation of health education strategies, interventions and programs Public health or related laws, regulations, standards, or guidelines Public health or related public policy
Abstract
Advancing Policy to Reduce Tobacco Use: How Hawaii Became the First State to Raise the Age of Sale of Tobacco including E-cigarettes to 21
Trish La Chica, MPA and Jessica Yamauchi, MA
Hawaii Public Health Institute, Honolulu, HI
APHA 2016 Annual Meeting & Expo (Oct. 29 - Nov. 2, 2016)
Issue: In Hawaii, nine out of ten smokers start before the age of 21 and youth use of e-cigarettes is at an all-time high. On January 1, 2016, Hawaii became the first state in the nation to raise the age of sale of tobacco products, including electronic smoking devices to anyone under the age of 21. Enforcement has started by focusing the first three months on education, and issuing warnings instead of fines. As a top tourist destination, signs are being distributed to 650 vendors, and are available in different languages. Hawaii also has several military bases which have all expressed support and are complying with the law.
Description: I will discuss the campaign to pursue this legislation. The campaign involved identifying key partners, developing materials, meeting with elected officials, and activating partners and the public, particularly the youth. Local schools from across the state participated in a rally at the State Capitol and met with lawmakers to educate them on the importance of making the next generation tobacco-free. Adult and youth stakeholders also testified multiple times during public hearings.
Lessons Learned: Passing legislation requires a well-coordinated effort across stakeholders, including law enforcement, to create a plan to monitor compliance, enforce laws, and raise awareness of cessation resources. Media campaigns play a vital role in educating the public on the dangers of tobacco use and promoting quit services.
Recommendations: Identifying state and community champions are critical to passing statewide policy. Restricting the sale of tobacco is a key component of tobacco control but should be done with other tobacco control legislation such as raising taxes and regulating product packaging. Enforcement of the law should focus on educating retailers and the public first. Further evaluation is also needed to determine the impact of this policy.
Advocacy for health and health education Chronic disease management and prevention Public health or related public policy Systems thinking models (conceptual and theoretical models), applications related to public health