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Next generation of youth access to tobacco laws: Prohibiting delivery sales to minors

Jamie F. Chriqui, PhD, MHS1, Raedell Wallace1, Tieu Luu1, and Regina El Arculli, MA2. (1) Center for Health Policy and Legislative Analysis, The MayaTech Corporation, 1100 Wayne Avenue, Suite 900, Silver Spring, MD 20910-3921, 301-587-1600, jchriqui@mayatech.com, (2) Office of Policy Analysis and Response, National Cancer Institute, Building 31, Room 10A48, 31 Center Drive, MSC 2580, Bethesda, MD 20892-2580

A recent study by Ribisil and colleagues (2003) documented that Internet vendors selling tobacco products have relatively weak or nonexistent age verification procedures to ensure that the persons to whom the tobacco products are sold are, in fact, aged 18 or older. As a result, minors’ have relatively easy access to tobacco products via the Internet. Tobacco products are also sold via other non-face-to-face means including through the mail, delivery services, or other electronic mechanism.

In response to this concern, a number of states have enacted laws designed to prohibit or restrict the sale of tobacco products by way of delivery sales. The earliest laws to address this issue were enacted in 2000 and 2001 and either explicitly prohibited Internet sales or imposed penalties for selling tobacco products to minors via the Internet or mail. In February 2003, the Philip Morris Corporation (with reported agreement from RJ Reynolds) drafted proposed legislative language for use at both the Federal and state levels to specifically address Internet and direct mail sales of tobacco products. During 2003 alone, eleven states enacted the Philip Morris proposed law. Interestingly, Internet tobacco sales web sites do exist in 3 of the 11 states with delivery sales laws.

In this presentation, we will define the term “delivery sales,” present the history of enactment of delivery sales laws in the states and explain the tobacco industry’s involvement in such legislative action, and describe the components of the delivery sales laws.

Learning Objectives: At the conclusion of this presentation, participants will be able to

Keywords: Tobacco Legislation, Youth Access

Related Web page: www.scld-nci.net

Presenting author's disclosure statement:
Organization/institution whose products or services will be discussed: The data presented in this paper are from the National Cancer Institute’s State Cancer Legislative Database Program (no conflict of interest).
I do not have any significant financial interest/arrangement or affiliation with any organization/institution whose products or services are being discussed in this session.

Youth and Tobacco Poster Session III

The 132nd Annual Meeting (November 6-10, 2004) of APHA