Learning Objectives: Identify preemption language and explain why it is hazardous to tobacco policy. List at least five steps to prevent preemption in their state. Develop preemption prevention or preemption repeal campaigns.
Abstract: More than 1,300 communities have a clean indoor air ordinance on the books, with over 400 completely smokefree. This is good news for public health advocates, but very bad news for tobacco companies. Their own internal documents illustrate why the industry hates local ordinances: "Financial impact of smoking bans will be tremendous. Three to five fewer cigarettes per day per smoke will reduce annual manufacturer profits a billion dollars plus per year." The industry's response to the growing trend was a full court press in state houses to pass preemption. Preemption is a provision in state law that eliminates the power of local governments to regulate tobacco. These laws may "preempt" existing and/or future legislation. In addition, variations on this definition (e.g., quasi-preemption or practical preemption) have been introduced in several states. Because of these complexities, preemption is often misunderstood and, therefore, advocates do not recognize it as an attempt by the industry and their allies to interfere with public health policy.
This session will discuss the genesis of preemption as a tobacco industry strategy, the history of tobacco industry attempts to pass preemption, and tobacco control efforts to oppose preemption threats and/or overturn preemptive laws. Several state examples will be discussed to illustrate the current legislative environment including, but not limited to, case studies from Connecticut, Ohio, Oklahoma, South Dakota, and West Virginia.
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