Jill Freudenwald, MA¹, Courtney Johnson, JD¹, Regina El Arculli, MA², and Michael Tynan¹. (1) Center for Health Policy and Legislative Analysis, The Mayatech Corporation, 1100 Wayne Avenue, Suite 900, Silver Spring, MD 20910-5645, 301-587-1600, jfreudenwald@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

Although non-cigarette tobacco products are just as harmful and addictive as cigarettes, state lawmakers have not consistently included cigars, bidis, and smokeless tobacco in their youth access, excise tax, and indoor use laws. Using data from the NCI’s State Cancer Legislative Database, this poster will examine state legislatures’ attention to tobacco products other than cigarettes.

Cigar smoke contains the same toxic and carcinogenic compounds identified in cigarette smoke¹, yet fewer states restrict the indoor use of cigars than cigarettes. Thirty-eight states have laws explicitly restricting cigar smoking, 29 restrict smokeless tobacco use, and 2 restrict bidi use.

Although the Surgeon General reports that smokeless tobacco use among youths is a likely gateway to cigarette use², legislative activity restricting youth access to tobacco tends to focus on cigarettes. As of December 31, 2003, all 50 states and the District of Columbia have laws addressing youth access to cigarettes, cigars, and smokeless tobacco, while 13 also limit access to bidis. Nearly 75 percent of states restrict the distribution of cigars and smokeless tobacco, both as samples and through vending machines; less than 25 percent restrict access to bidis in these same categories. The out-of-package sale of specified non-cigarette tobacco products is prohibited in 11 states.

Forty-three states impose taxes on tobacco products other than cigarettes. Of these states, 35 tax products based on a percentage of the wholesale, manufacturer’s, or retail price, while 8 states impose tax ranges based on classification of the product as a single unit item or in ounces.

Learning Objectives:

• At the conclusion of this presentation, participants will be able to identify the states with laws addressing non-cigarette tobacco products (cigars, smokeless tobacco, and other tobacco products) and describe the provisions of those laws.

Keywords: Tobacco Legislation, Youth Access

Related Web page: www.scld-nci.net

Presenting author's disclosure statement:
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.