THE STATE OF TOBACCO CONTROL LAW & POLICY THE NATIONAL LANDSCAPE OF FEDERAL, STATE AND LOCAL REGULATION
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1 THE STATE OF TOBACCO CONTROL LAW & POLICY THE NATIONAL LANDSCAPE OF FEDERAL, STATE AND LOCAL REGULATION 1
2 THE PUBLIC HEALTH LAW CENTER 2
3 ROADMAP Brief history of tobacco control law and policy Evolution of federal government s role in tobacco control National landscape of state and local tobacco control What s on the horizon? 3
4 TOBACCO CONTROL LAW & POLICY GOVERNMENTAL TOOLS Research Legislation Litigation Regulation 4
5 HISTORICAL CONTEXT 1964 SURGEON GENERAL S REPORT 5
6 HISTORICAL CONTEXT EVOLUTION OF THE SCIENCE There is no safe level of secondhand smoke exposure. 6
7 HISTORICAL CONTEXT 2014 SURGEON GENERAL S REPORT 7
8 HISTORICAL CONTEXT FEDERAL LEGISLATION 8
9 HISTORICAL CONTEXT ATTEMPT AT FEDERAL REGULATION 9
10 HISTORICAL CONTEXT U.S. V. PHILIP MORRIS 10
11 HISTORICAL CONTEXT U.S. V. PHILIP MORRIS 11
12 TOBACCO CONTROL BEFORE 2009 State Federal Local 12
13 FAMILY SMOKING PREVENTION AND TOBACCO CONTROL ACT State 13
14 FDA AUTHORITY Immediate authority: *cigarettes *cigarette tobacco *roll-your-own tobacco *smokeless tobacco and any other tobacco products that the Secretary by regulation deems to be subject to this chapter. 14
15 WHERE WE NEED TO BE State Federal Local 15
16 FEDERAL REGULATION BETWEEN
17 FEDERAL REGULATION BETWEEN
18 FEDERAL REGULATION BETWEEN
19 FEDERAL REGULATION BETWEEN
20 FEDERAL REGULATION PRESENT 20
21 FEDERAL REGULATION EXECUTIVE BRANCH APPOINTMENTS 21
22 FEDERAL REGULATION EXECUTIVE BRANCH APPOINTMENTS 22
23 FEDERAL REGULATION EXECUTIVE BRANCH APPOINTMENTS 23
24 FEDERAL REGULATION EXECUTIVE BRANCH APPOINTMENTS 24
25 FEDERAL REGULATION EXECUTIVE BRANCH APPOINTMENTS Budget development and execution. Management, including oversight of agency performance and financial management. Regulatory policy, including review of all significant regulations by executive agencies. Legislative clearance and coordination. Executive Orders and Presidential Memoranda. 25
26 FEDERAL REGULATION EXECUTIVE BRANCH APPOINTMENTS 26
27 FEDERAL REGULATION EXECUTIVE BRANCH APPOINTMENTS The overwhelming amount of the death and disease attributable to tobacco is caused by addiction to cigarettes. Addiction causes long-term sustained use. But it s exposure to the harmful chemicals that cause disease. Cigarettes are the only legal consumer product that, when used as intended, will kill half of all long-term users. 27
28 FEDERAL REGULATION EXECUTIVE BRANCH APPOINTMENTS It is within our power to stop tobacco use in this country. I think we really need to focus on disparities that exist and make sure we are equitable and [menthol] is one of the greatest places of inequity. 28
29 FEDERAL REGULATION EXECUTIVE ORDERS 29
30 FEDERAL REGULATION CONGRESSIONAL ACTION 30
31 FEDERAL REGULATION CONGRESSIONAL ACTION 31
32 FEDERAL REGULATION JULY 28 ANNOUNCEMENT 32
33 FEDERAL REGULATION JULY 28 ANNOUNCEMENT The overwhelming amount of the death and disease attributable to tobacco is caused by addiction to cigarettes. Addiction causes long-term sustained use. But it s exposure to the harmful chemicals that cause disease. Cigarettes are the only legal consumer product that, when used as intended, will kill half of all long-term users. 33
34 FEDERAL REGULATION COMPREHENSIVE NICOTINE POLICY 34
35 NATIONAL LANDSCAPE STATE AND LOCAL TOBACCO CONTROL 35
36 NATIONAL LANDSCAPE SUCCESSES: SMOKE FREE 36
37 NATIONAL LANDSCAPE SUCCESSES: FLAVOR RESTRICTIONS 37
38 NATIONAL LANDSCAPE SUCCESSES: TOBACCO 21 38
39 NATIONAL LANDSCAPE SUCCESSES: TAX AND PRICE 39
40 WHAT IS ON THE HORIZON? CHALLENGES AND OPPORTUNITIES 40
41 NATIONAL LANDSCAPE INDUSTRY TACTICS 41
42 NATIONAL LANDSCAPE INDUSTRY TACTICS 42
43 NATIONAL LANDSCAPE INDUSTRY TACTICS 43
44 NATIONAL LANDSCAPE INDUSTRY TACTICS 44
45 NATIONAL LANDSCAPE INDUSTRY TACTICS 45
46 NATIONAL LANDSCAPE INDUSTRY TACTICS 46
47 CHALLENGES STALLED POLICIES AND SETBACKS Attacks on smoke free laws States and communities still lack: Comprehensive smoke free laws Sufficient taxes Programs funding 47
48 CHALLENGES NEW AND EMERGING PRODUCTS 48
49 CHALLENGES PREEMPTION OF LOCAL POLICIES While we re not married to any particular kind of preemption, we re dead serious about achieving preemption in all 50 states. 49
50 CHALLENGES DISPARITIES PERSIST 50
51 WHAT IS ON THE HORIZON? OPPORTUNITIES 51
52 WHAT IS ON THE HORIZON? OPPORTUNITIES 52
53 WHAT IS ON THE HORIZON? OPPORTUNITIES 53
54 HUMAN IMPACT OF OUR POLICY WORK MARIE EVANS 54
55 CONTACT US facebook.com/publichealthlawcenter 55
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