Penalizing Minors for Possession, Use, and/or Purchase of Tobacco Products: A Viable Public Health Strategy?

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Penalizing Minors for Possession, Use, and/or Purchase of Tobacco Products: A Viable Public Health Strategy? ImpacTeen and YES! are part of Bridging the Gap: Research Informing Practice for Healthy Youth Behavior, supported by the Robert Wood Johnson Foundation.

Introduction: Overview of trends in adolescent tobacco use Conceptual Models Overview of Bridging the Gap Project Discussion and Analysis of Possession, Use, Purchase Laws

40 TRENDS IN 30-DAY PREVALENCE OF CIGARETTE SMOKING THREE POPULATIONS 12 TH PERCENTAGE 30 20 10 10 TH 8 TH 0 '76 '78 '80 '82 '84 '86 '88 '90 '92 '94 '96 '98 '00 YEAR OF ADMINISTRATION

40 TRENDS IN 30-DAY PREVALENCE OF SMOKELESS TOBACCO THREE POPULATIONS PERCENTAGE 30 20 10 0 12 TH 10 TH 8 TH '76 '78 '80 '82 '84 '86 '88 '90 '92 '94 '96 '98 '00 YEAR OF ADMINISTRATION

Trends in Prevalence of Past Month Cigarette Smoking Among High School Seniors by Gender United States, 1975-2000 PERCENT 45 40 35 30 25 20 15 10 5 0 Female Male 1975 1978 1981 1984 1987 1990 1993 1996 1999 YEAR Source: Institute for Social Research, University of Michigan, Monitoring the Future Surveys

Current Use Among U.S. Middle and High School Students by Type of Tobacco Product National Youth Tobacco Survey, 2000 35 30 Middle School High School PERCENT 25 20 15 10 5 0 Any Use Cigarettes Cigars Smokeless Pipes Bidis Kreteks Note: Used tobacco on ³ 1 of the 30 days preceding the survey Source: American Legacy Foundation, National Youth Tobacco Survey; n = 35,828

Smoking Prevalence Among Youths Aged 12-17 Years Old and Adults Aged >26 Years Old in All 50 States and the District of Columbia, 1999 NHSDA Percent Current Smokers, 12-17 years old 30 25 20 15 10 5 0 KY ND WV MT SD FL UT DC CA 15 20 25 30 35 Percent Current Smokers, >25 years old r 2 =0.409 ß = 0.732 P < 0.001 N = 51 Note: Current smokers were persons who smoked on > 1 day during the previous 30 days Source: 1999 National Household Survey on Drug Abuse

Tobacco Control Model of Nicotine Addiction Environment Cultural, Political, Economic, Social, Media, Historical Vector Tobacco Product Manufacturers; Other Users Tobacco Products Agent Host Smoker/Chewer Incidental Host Involuntary Smoker Adapted from Orleans & Slade, 1993

Paradigm for Tobacco Control Minor s access Advertising Individual Tobacco Addiction Cessation activities Prevention activities Smoke-free air Regulation/Liability Price/Economic Society

Purpose of the Bridging the Gap Initiative: TO EVALUATE THE IMPACT OF: Policies, Programs, and Practices ADDRESSING VARIOUS TYPES OF SUBSTANCES: Alcohol Use, Illicit Drug Use, and Tobacco Use AT VARIOUS LEVELS: State, Community, School, and Individual

Bridging the Gap: An Integrative Study INTEGRATING ACROSS: Multiple Substances Multiple Disciplines Multiple Centers and Collaborators Multiple Levels of Social Organization Multiple Data Sources

Bridging the Gap Overview University of Michigan Institute for Social Research University of Illinois at Chicago Coordinating Center YES Monitoring the Future Alcohol University of Minnesota Tobacco Roswell Pk. Cancer Institute Other Drugs Andrews University Alcohol, Tobacco and Other Drugs UIC Youth Survey (Rapid Response) School Administrator Survey Mining the Past Americans for Nonsmokers Rights Archival Data Original Data Collection (includes YES and MTF communities)

Structure of the Samples Half-Sample of MTF Schools Cycling Out of the National Sample c. 215 Schools Per Year National Replicate Sample Administrators in Those Schools Surveyed Community Data Collected From Their Catchment Areas Observational Studies of Retail Outlets Key Informant Interviews in the Community Other Existing Archival Data State Level Data on Laws, Policies, and Environmental Data

Community Data Collections - Community Sample Community Definition School Catchment Area or Enrollment Zone Radius in High Density Areas Number of Communities 1999: 193 Communities MTF: 163; Rapid Response: 30 2000: 224 Communities MTF: 173; Rapid Response: 51 2001: 241 Communities MTF: 215; Rapid Response: 26

Community Data Collections - Community Observations Retail Store Observations: Key Components Tobacco/alcohol pricing, promotions, product placement, functional objects, interior advertising, exterior advertising, parking lot advertising, tobacco/alcohol related signage, store characteristics Store Sample 1999: 3,505; 2000: 4,107; 2001: 4,537 (18.3 per community) Community Observations: Key Components Local Alcohol, Tobacco, Other Drug, and Youth Related Ordinances and Regulations General Community Observations (advertising, counter-advertising, social capital, and more)

Retail Store Observations - Highlights Pricing (single pack) Marlboro: 1999 - $2.95; 2000 - $3.31 Newport: 1999 - $2.89; 2000 - $3.25 Budweiser: 1999 - $4.68; 2000 - $4.78 Cigarette Placement No Self-Service: 1999-64%; 2000-79%

Retail Store Observations - Highlights (continued) Interior Advertising (4 point pervasiveness scale) Tobacco: 1999-2.0; 2000-2.4 Alcohol: 1999-2.0; 2000-2.0 Signage (any health/access related) Tobacco: 1999-65%; 2000-75% Alcohol: 1999-11%; 2000-23% (additional measures included)

Key Informant Surveys Key Informant Surveys Modular Approach: Core Modules Universal Questions Demographic Module Health Department Police Agency Police Officer Coalitions 5 Targeted Modules Youth access enforcement Policy/media advocacy Public education Ordinance Feedback Modules Youth Tobacco Possession Keg Registration Curfews Inhalants Drug Paraphernalia Medical Marijuana

Collaborations to Enhance Policy/ Environmental Tracking Efforts Highly integrated With CDC/OSH, NCI, RTI Strong liaisons With ALA, Mayatech, SAMHSA, ACCV, MIT, ACS, Others Collaborations Built/Strengthened For: Local Ordinance Collection (NTOPS, ANRF) State Legislation and Tobacco Control Efforts Chartbook Price Study Media Measures

Tobacco Policy/Legislative Data Tobacco Control Expenditures CDC/NCI/ RTI - Since 1991 Price Data Tax Burden on Tobacco, American Chamber of Commerce Researchers Association, Observational Data, Scanner Data, Self-Reported Data 1955+ Smoke-Free Air Laws CDC, ALA, RPCI; 1991+ Sales to Minors Laws CDC, SLATI, MIT; 1991+ Purchase, Possession, and Use Laws CDC, ALA, RPCI; 1988+

Restrictiveness Of State Laws Regulating Smoking In Public Places U.S., 1960-1999 55 50 45 40 35 30 25 20 15 10 5 0 1960 1964 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 NUMBER OF STATES Extensive Moderate Basic Nominal YEAR Sources: 1989 Surgeon General s Report, ALA s SLATI, CDC s STATE system, Roswell Park Cancer Institute. Note: Includes the District of Columbia; Alabama = only state with no restrictions on public smoking.

Sources of Data: Legislative Data Smoke-free Air (SFA) Legislation: Each state was given a rating based on the strength of protection (i.e., none, restricted, restricted with separate ventilation, prohibited) provided in various locations during 1991-1998 with points subtracted for preemption clauses. Locations include: private worksites, government worksites, restaurants, retail/grocery stores, malls, sports arenas, child care centers, hospitals, public transit, and hotels/motels.

Mean Smoke-Free Air Law Rating Per State* -- United States, 1988-2001 Smoke-Free Air index (mean) 10 9 8 7 6 5 4 3 2 1 0 1988 1989 1990 1991 1992 1993 1994 1995 *Includes the District of Columbia; Theoretical Range = -5-42 Year Sources: ALA s SLATI, CDC s STATE system, and Roswell Park Cancer Institute 1996 1997 1998 1999 2000 2001

Possession, Use, and Purchase Laws Penalize minors, not vendors States want to avoid criminal record for offender (Teen Court or Peer Court) Penalties include: - Fines -- most common - range as high as $750 (some graduated) - many < $100 Other penalties in lieu of or in addition to fines: - Community Service - Smoking Education Classes - Smoking Cessation Classes - Driver s License Suspension

Sources of Data: Legislative Data PUP Legislation: The presence of a law prohibiting minors possession, use, and/or purchase of cigarettes in each state for 1991-1998 was determined. A PUP Index was calculated as the sum of the number of laws in each state in a given year (range = 0-3).

Arguments In Favor of PUP Laws Promote Accountability, Personal Responsibility - Vendors Shouldn t be Liable Add a Cost to Tobacco Use Can be Used by Law Enforcement Officers to Inspect Suspicious Youths - May Reduce Crime Rate Send a Message That Adults Mean What They Say Alcohol Experience - minimum age increase (to 21 years old) has reduced drinking and saved lives

Arguments Against PUP Laws Youths are Enticed to Smoke by Marketing, Only to Be Punished for Wanting the Promoted Product Enforcement Costs; May Reduce STM Enforcement Profiling Industry Youth Focus Diverts Attention From Effective Tobacco Control Efforts and Facilitates Preemption Kids Rebel Age-aspiration Means Adult Status is Attractive Efficacy of Sales to Minors Laws in Doubt Blood Alcohol Concentration Laws Reduce Drinking and Driving ONLY

Number of U.S. States including D.C.*, with Legislation Restricting Possession of Cigarettes to Persons aged >18 years, 1988-2001 # of States 50 45 40 35 30 25 20 15 10 5 0 6 7 8 13 14 14 17 19 20 25 28 31 31 32 1988 1989 *District of Columbia 1990 1991 1992 1993 1994 1995 Year Source: State Legislated Actions On Tobacco Issues, 1988-2001, CDC s STATE system, Roswell Park Cancer Institute. 1996 1997 1998 1999 2000 2001

Number of U.S. States including D.C.*, with Legislation Restricting the Use of Cigarettes to Persons aged >18 years, 1988-2001 50 40 # of States 30 20 10 6 7 8 11 11 11 13 15 15 17 17 18 18 19 0 1988 1989 *District of Columbia 1990 1991 1992 1993 1994 1995 Year Source: State Legislated Actions On Tobacco Issues, 1988-2001, CDC s STATE system, Roswell Park Cancer Institute. 1996 1997 1998 1999 2000 2001

Number of U.S. States including D.C.*, with Legislation Restricting the Purchase of Cigarettes to Persons aged >18 years, 1988-2001 50 # of States 40 30 20 10 10 14 14 18 21 24 26 27 29 32 33 36 36 37 0 1988 1989 *District of Columbia 1990 1991 1992 1993 1994 1995 Year Source: State Legislated Actions On Tobacco Issues, 1988-2001, CDC s STATE system, Roswell Park Cancer Institute. 1996 1997 1998 1999 2000 2001

Mean Number of Possession, Use, and Purchase Laws per State* -- United States, 1988-2001 Possession, Purchase, and Use Index (Mean) 2 1.8 1.6 1.4 1.2 1 0.8 0.6 0.4 0.2 0 1988 1989 1990 1991 1992 1993 1994 1995 Year *Includes the District of Columbia; Theoretical Range = 0-3 Sources: ALA s SLATI, CDC s STATE system, and Roswell Park Cancer Institute 1996 1997 1998 1999 2000 2001

Cigarette Smoking Among Youth by the Clean Indoor Air Legislation Rating in 50 States and the District of Columbia,1999 Percent Past Month Smokers (Adolescents) 30 25 KY ND 20 NC 15 10 NY CA UT 5 0-10 -5 0 5 10 15 20 25 30 35 Clean Indoor Air Legislation Rating r 2 = 0.208 ß = -0.219 P = 0.001 N = 51 Sources: 1999 NHSDA (12-17 year olds); ALA s SLATI, CDC s STATE system, and the Roswell Park Cancer Institute. Note: Past Month Smoking = smoked on > 1 day in the previous 30 days

Cigarette Smoking Among Youth by the Average Price of a Pack of Cigarettes in 50 States and the District of Columbia, 1999 Percent Past Month Smokers (Adolescents) 30 25 KY ND 20 AK 15 NY 10 UT CA HI 5 0 175 200 225 250 275 300 325 350 375 400 Average Price of a Pack of Cigarettes (in cents) r 2 = 0.255 ß = -0.045 P < 0.001 N = 51 Sources: 1999 NHSDA (12-17 year olds); 1999 Tax Burden On Tobacco Note: Past Month Smoking = smoking on > 1 day during the previous 30 days

Cigarette Smoking Among Youth by the Historical PPU Legislation Rating in 50 States and the District of Columbia, 1999 Percent Past Month Smokers (Adolescents) 30 25 20 15 10 5 0 SC NY DC KY CA UT SD NH r 2 < 0.001 ß = 0.008 P = 0.898 N = 51 0 5 10 15 20 25 30 PPU Legislation Rating Sources: 1999 NHSDA (12-17 year olds); ALA s SLATI, CDC s STATE system, and the Roswell Park Cancer Institute Note: Past Month Smoking = smoked on > 1 day during the previous 30 days Historical PPU Legislation Rating = Sum of PPU laws for previous 8 years (0 = no law; 1 = law present)

Control Variables for Merged Analyses Tobacco Control Expenditures, Cigarette Prices, Sales to Minors Laws, Smoke-free Air Laws Age, Sex, Race/Ethnicity, Father s Education, Mother s Education, Respondent s Earned Income, Respondent s Income From Other Sources, Labor Force Status, Mother s Work Status, Religiosity, School Performance

Table 1. Logit Analyses of the Association Between Purchase, Possession, and/or Use Laws and Cigarette Smoking among Minors United States, 1991-1998 Past Month Smoking Adjusted* Purchase Possession Use PPU Index Coefficient (z-score) -0.075 (-1.75) -0.050 (-1.11) -0.017 (-0.46) -0.040 (-2.08) Past Month Smoking Intensity Adjusted* Coefficient (z-score) p-value 0.080 0.266 0.642 0.038 p-value Purchase Possession Use PPU Index -0.089 (-1.94) -0.066 (-1.39) -0.016 (-0.41) -0.048 (2.30) 0.052 0.166 0.682 0.022 *Adjusted for demographics, risk, and tobacco control variables N (Weighted) = 248,369

Table 2. Logit Analyses of the Association Between Purchase, Possession, and/or Use Laws and Past Month Smoking among Minors, by Age and Risk Group United States, 1991-1998 Past Month Smoking Age/Risk Group Purchase Possession Use PPU Index z-score p-value z-score p-value z-score p-value z-score p-value < 14 yrs/low -2.13 0.033-2.00 0.046-1.99 0.047-3.53 <0.001 < 14 yrs/medium -0.68 0.497-2.05 0.040-2.79 0.005-2.91 0.004 < 14 yrs/high 0.15 0.885-0.22 0.826-1.52 0.128-0.58 0.564 15-16 yrs/low -0.96 0.336-0.52 0.602-1.54 0.124-1.49 0.137 15-16yrs/Medium -0.61 0.541 0.89 0.373 0.90 0.366 0.56 0.578 15-16 yrs/high -1.83 0.068 1.02 0.309 2.10 0.035 0.28 0.777 17 yrs/low -2.08 0.038-1.36 0.174 0.91 0.361-1.60 0.110 17 yrs/medium -0.58 0.559-0.18 0.859-0.35 0.725-0.75 0.452 17 yrs/high -1.60 0.111-0.26 0.795 0.64 0.520-1.23 0.219 Note: Adjusted for demographics and tobacco control variables N (Weighted) for each age/risk strata ranges from 9,894 62,766

Table 3. Logit Analyses of the Association Between Purchase, Possession, and/or Use Laws and Past Month Smoking Intensity among Minors, by Age and Risk Group United States, 1991-1998 Age/Risk Group Past Month Smoking Intensity Purchase Possess Use z-score p-value z-score p-value z-score p-value z-score PPU Index p-value < 14 yrs/low -2.20 0.028-2.13 0.033-1.98 0.047-3.64 <0.001 < 14 yrs/medium -0.61 0.542-2.15 0.032-2.94 0.003-3.03 0.002 < 14 yrs/high -0.31 0.753-1.23 0.218-1.74 0.082-1.51 0.130 15-16 yrs/low -1.11 0.268-0.69 0.492-1.77 0.077-1.73 0.084 15-16yrs/Medium -0.84 0.402 0.58 0.564 0.78 0.435 0.17 0.861 15-16 yrs/high -2.28 0.023 0.36 0.719 2.00 0.045-0.30 0.763 17 yrs/low -2.18 0.029-1.50 0.135 0.78 0.434-1.73 0.084 17 yrs/medium -0.97 0.331-0.61 0.544-0.45 0.653-1.29 0.197 17 yrs/high -1.26 0.209-1.01 0.313 0.21 0.830-1.48 0.139 Note: Adjusted for demographics and tobacco control variables N (Weighted) for each age/risk strata ranges from 9,894 62,766

FUTURE DIRECTIONS... PUP Analyses to Incorporate: State Enforcement Data Local Laws and Enforcement Focus Group Data in Communities with Various Degrees of Enforcement Cost-Effectiveness Analysis Ongoing/Planned Analyses of Merged Data Sets: Tobacco Control Expenditures, Smoke-Free Indoor Air Laws Other Outcomes, Such as Purchase Experiences, Attitudes, Quitting

Acknowledgements: Roswell Park Cancer Institute: - Cindy Tworek - Mike Smith - Mike Cummings - Andy Hyland - Sara Abrams - Arshad Wani University of Illinois at Chicago: - Frank Chaloupka - Sandy Slater

Acknowledgements: University of Michigan: - Lloyd Johnston - Patrick O Malley Anti-Cancer Council of Victoria (Australia): - Melanie Wakefield