Preemption in tobacco control. Review of an emerging public health problem

M. Siegel, J. Carol, J. Jordan, R. Hobart, S. Schoenmarklin, F. DuMelle and P. Fisher
Social and Behavioral Sciences Department, Boston University School of Public Health, MA 02118, USA. mbsiegel@bu.edu

OBJECTIVE: To describe the nature, extent, and public health significance of state legislation that preempts the local regulation of tobacco. DATA SOURCES: A computerized database of local tobacco control ordinances, state tobacco control laws, preemption bills introduced during the 1996 state legislative session, articles obtained through a MEDLINE search (1984-1996) using the key word "preemption" or identified from bibliographies of these articles, public opinion surveys, and newspaper articles. STUDY SELECTION: All identified data sources were used. DATA EXTRACTION: Content analyses of preemption bills and state laws were conducted independently by multiple observers. DATA SYNTHESIS: There has been a striking increase in the adoption of local tobacco control ordinances during the past decade; by the end of 1995, approximately 1006 communities had enacted a local tobacco control ordinance. In response, the tobacco industry has advanced legislation in 29 states that preempts local authority to regulate tobacco. During the 1996 state legislative session alone, 26 bills containing preemption were introduced, and 2 were enacted. Emerging trends in the tobacco industry's strategy to advance preemption laws include (1) amending legitimate tobacco control bills to preempt local tobacco regulation, (2) using the Synar amendment as a vehicle to advance preemption, and (3) promoting "superpreemption" bills that eliminate all local control of tobacco policy. CONCLUSIONS: Preemption of local tobacco regulation is an important tobacco industry strategy that undermines the public's health. Preventing the enactment of new preemption laws and repealing existing ones should become a public health priority.

THIS ARTICLE HAS BEEN CITED BY OTHER ARTICLES

The Impact of Clean Indoor Air Exemptions and Preemption Policies on the Prevalence of a Tobacco-Specific Lung Carcinogen Among Nonsmoking Bar and Restaurant Workers
Stark et al.
Am. J. Public Health 2007;97:1457-1463.
ABSTRACT | FULL TEXT  

Application of Law to the Childhood Obesity Epidemic
Alderman et al.
J Law Med Ethics 2007;35:90-112.
 

Perceptions of industry responsibility and tobacco control policy by US tobacco company executives in trial testimony
Chaiton et al.
Tobacco Control 2006;15:iv98-iv106.
ABSTRACT | FULL TEXT  

Progress and opportunities in tobacco control.
Cokkinides et al.
CA Cancer J Clin 2006;56:135-142.
ABSTRACT | FULL TEXT  

Assessing the Policy Environment
Malone
Policy Politics Nursing Practice 2005;6:135-143.
ABSTRACT  

Relation between local restaurant smoking regulations and attitudes towards the prevalence and social acceptability of smoking: a study of youths and adults who eat out predominantly at restaurants in their town
Albers et al.
Tobacco Control 2004;13:347-355.
ABSTRACT | FULL TEXT  

Public health foundations and the tobacco industry: lessons from Minnesota
Ibrahim et al.
Tobacco Control 2004;13:228-236.
ABSTRACT | FULL TEXT  

Hedging their bets: tobacco and gambling industries work against smoke-free policies
Mandel and Glantz
Tobacco Control 2004;13:268-276.
ABSTRACT | FULL TEXT  

A Qualitative Study of Post-Settlement Influences on State Tobacco Control Funding
Austin-Lane et al.
Health Promot Pract 2004;5:46S-56S.
ABSTRACT  

Tobacco industry litigation to deter local public health ordinances: the industry usually loses in court
Nixon et al.
Tobacco Control 2004;13:65-73.
ABSTRACT | FULL TEXT  

Public Health Under Attack: The American Stop Smoking Intervention Study (ASSIST) and the Tobacco Industry
White and Bero
Am. J. Public Health 2004;94:240-250.
ABSTRACT | FULL TEXT  

Town-Level Characteristics and Smoking Policy Adoption in Massachusetts: Are Local Restaurant Smoking Regulations Fostering Disparities in Health Protection?
Skeer et al.
Am. J. Public Health 2004;94:286-292.
ABSTRACT | FULL TEXT  

Effect of Local Restaurant Smoking Regulations on Environmental Tobacco Smoke Exposure Among Youths
Siegel et al.
Am. J. Public Health 2004;94:321-325.
ABSTRACT | FULL TEXT  

The descriptive epidemiology of local restaurant smoking regulations in Massachusetts: an analysis of the protection of restaurant customers and workers
Skeer and Siegel
Tobacco Control 2003;12:221-226.
ABSTRACT | FULL TEXT  

Local Enactment of Tobacco Control Policies in Massachusetts
Bartosch and Pope
Am. J. Public Health 2002;92:941-943.
FULL TEXT  

State laws on youth access to tobacco: an update, 1993-1999
Chriqui et al.
Tobacco Control 2002;11:163-164.
FULL TEXT  

Application of a rating system to state clean indoor air laws (USA)
Chriqui et al.
Tobacco Control 2002;11:26-34.
ABSTRACT | FULL TEXT  

Boards of Health as Venues for Clean Indoor Air Policy Making
Dearlove and Glantz
Am. J. Public Health 2002;92:257-265.
ABSTRACT | FULL TEXT  

Tobacco lobby political influence on US state legislatures in the 1990s
Givel and Glantz
Tobacco Control 2001;10:124-134.
ABSTRACT | FULL TEXT  

World's best practice in tobacco control
LAUGESEN; et al.
Tobacco Control 2000;9:228-236.
FULL TEXT  

Arizona's tobacco control initiative illustrates the need for continuing oversight by tobacco control advocates
Bialous and Glantz
Tobacco Control 1999;8:141-151.
ABSTRACT | FULL TEXT  

Improving the measurement and use of tobacco control "inputs"
WAKEFIELD and CHALOUPKA
Tobacco Control 1998;7:333-335.
FULL TEXT  

State laws on youth access to tobacco in the United States: measuring their extensiveness with a new rating system
Alciati et al.
Tobacco Control 1998;7:345-352.
ABSTRACT | FULL TEXT