Protecting Children and Families from Tobacco: What is preemption? Thanks to: Donald A. Potts, MD, Independence, MO Professor Emeritus, UMKC School of Medicine

What works in Tobacco Control “Local action by communities has proven to be effective in enforcing youth access legislation and reducing tobacco use among young persons. However, the tobacco industry has been equally as successful in weakening local control and community involvement through state laws containing preemptive provisions.” A Report Of The Surgeon General, 2000.

What is Preemption? Any proposed state legislation that is designed to forbid local communities to pass comprehensive tobacco control measures to protect the health of the citizens is considered to be preemption.

Why Preemption? The tobacco industry has historically supported state preemption laws as a relatively easy way to reverse existing local tobacco control ordinances and prevent future enactment of such ordinances.* The tobacco industry wants to undermine effective meaningful smoke-free air laws because the majority of their power lies at the state level and they know the only business harmed by these public health measures is their own.

Notes from the industry… *“Our goal is to see some form of preemption/accommodation legislation passed in all 50 states by the end of next year. The achievement of universal preemption/accommodation is imperative…. The immediate implications for our business are clear: if our consumers have fewer opportunities to enjoy our products, they will use them less frequently and the result will be an adverse impact on our bottom line.” Tina Walls, Philip Morris

More notes… “By introducing pre-emptive statewide legislation we can shift the battle away from the community level back to the state legislatures where we are on stronger ground.” -Tina Walls, Phillip Morris, July 8, 1994

Response from Cancer, Lung, Tobacco-Free Kids… “RESOLVED: That The American Cancer Society opposes any preemption clauses intended to remove or restrict power and authority from a unit of local government to regulate clean indoor air.” “The American Lung Association opposes all forms of preemption of state and local control authority. There is no trade- off worth the price of preempting a community’s right to pass tobacco legislation. “Any state-level tobacco control legislation should contain language expressly allowing local government authority to take stronger measures if necessary.” – Campaign for Tobacco-Free Kids.

Artwork by Elizabeth G. © 2010 American Academy of Pediatrics (AAP) Children's Art Contest. Support for the 2009 and 2010 AAP Children's Art Contest was from the Flight Attendant Medical Research Institute.