Kara Sears
Smoking laws in the USA have been implemented and strengthened over time, with a range of legislation aimed at reducing smoking and protecting non-smokers from second-hand smoke. The earliest laws focused on requiring health warnings on cigarette packaging and restricting advertising, with the Cigarette Labelling and Advertising Act of 1965 and the Public Health Cigarette Smoking Act of 1969. Since then, a range of state and local laws have been enacted, with varying degrees of strictness, including the Smoke Free Arizona Act in 2007, which banned smoking in all enclosed workplaces. The Family Smoking Prevention and Tobacco Control Act, signed into law in 2009, gave the FDA authority to regulate the manufacture, distribution, and marketing of tobacco products. As of 2024, 28 states have 100% smokefree indoor air laws for bars, restaurants, and worksites, while some cities, such as Calabasas, California, have even stricter laws, with smoking anywhere a non-smoker could congregate being punishable by a fine.
| Characteristics | Values |
|---|---|
| Smoking laws at the state level | As of June 30, 2024, 28 states have 100% smokefree indoor air laws for bars, restaurants, and worksites. |
| Smoking laws at the local level | Some cities and counties have enacted stricter local smoking bans than their state laws. |
| Exceptions to state laws | Some states exempt private residences, hotel rooms, workplaces with fewer than three employees, retail tobacco stores, and outdoor areas. |
| E-cigarette laws | In 10 states, the use of e-cigarettes is prohibited indoors. |
| Stricter smoking bans | The strictest smoking ban in the US is in Calabasas, California, where smoking in any place a non-smoker could congregate is a misdemeanor punishable by a fine. |
| Smoking bans in public places | Restrictions on smoking in public places, government buildings, and airplanes were implemented in the 1970s, but most did not amount to a total ban. |
| Health warnings on cigarette packages | The Cigarette Labeling and Advertising Act of 1965 required health warnings on cigarette packages. |
| Bans on cigarette advertising | The 1969 Public Health Cigarette Smoking Act banned cigarette advertising on television and radio. |
| Tobacco control laws | The Family Smoking Prevention and Tobacco Control Act of 2009 gives the FDA authority to regulate the manufacture, distribution, and marketing of tobacco products. |
| Tobacco taxes | California's Proposition 99 increased the cigarette tax by 25 cents and dedicated revenue to tobacco control programs. |
| Corrective statements by tobacco companies | In 2017 and 2018, tobacco companies were required to run "corrective statements" in print and on TV about the dangers of smoking and secondhand smoke. |
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What You'll Learn
Statewide smoking bans
California
California was one of the first states to implement a comprehensive statewide smoking ban. Since January 1, 1995, smoking has been prohibited in all enclosed workplaces, including bars and restaurants. Initially, bars were excluded from the ban until January 1, 1998. Certain exemptions were also in place until June 9, 2016, including meeting and banquet rooms, retail or wholesale tobacco shops, truck cabs, and theatrical production sites. California has also been a pioneer in dedicating tobacco tax revenues to fund tobacco control programs and has been proactive in restricting the marketing of tobacco products to children.
Arizona
On May 1, 2007, the Smoke Free Arizona Act came into effect, banning smoking in all enclosed workplaces and within 20 feet of entrances or exits. The Act exempts private residences, retail tobacco stores, private clubs, and outdoor patios. Notably, the law does not extend to businesses located on Indian Reservations due to their status as sovereign nations.
Illinois
The Smoke Free Illinois Act took effect on January 1, 2008, prohibiting smoking in all enclosed workplaces, including bars, restaurants, and casinos. The Act exempts certain retail tobacco stores, private residences, and enclosed or semi-enclosed temporary structures attached to bars and restaurants.
Iowa
The Iowa Smokefree Air Act, effective July 1, 2008, bans smoking statewide in all workplaces, including bars, restaurants, and outdoor areas of schools, stadia, and public transit areas. The Act exempts private residences, hotel/motel rooms designated for smoking, retail tobacco stores, and private clubs.
Florida
Florida's statewide smoking ban came into effect on July 1, 2003, through a constitutional amendment passed by voters. The ban prohibits smoking in all enclosed workplaces, with exemptions for private residences, retail tobacco shops, designated smoking rooms in hotels, and stand-alone bars with minimal food sales. Local governments generally cannot regulate smoking, but a 2022 law allows them to restrict smoking in public parks and on beaches.
It is worth noting that, as of 2024, 29 states prohibit smoking in bars, and 35 states prohibit smoking in restaurants. However, there are still 22 states without comprehensive smokefree indoor air laws covering all bars, restaurants, and worksites. The specifics of these statewide bans vary, and some cities and counties have enacted stricter local smoking bans.
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Local smoking bans
In the United States, local smoking bans have been implemented in various cities and counties, with the aim of protecting public health and creating smoke-free environments. These local laws often complement or enhance statewide smoking bans, with the specific regulations varying by location.
For instance, in Arizona, the Smoke Free Arizona Act prohibits smoking in enclosed workplaces and within 20 feet of entrances or exits. However, localities like Flagstaff and Goodyear have taken additional measures by banning smoking in all parks, with Flagstaff's ordinance also covering cemeteries.
California has a comprehensive statewide tobacco control program, including a ban on smoking in enclosed workplaces since 1995. Additionally, some cities in California, such as Calabasas, have implemented stricter local smoking bans. For example, in Calabasas, smoking in any place where non-smokers congregate, including public sidewalks and apartment complexes, is considered a misdemeanour and punishable by a fine.
Other states like Arkansas, Florida, and Illinois have also enacted statewide smoking bans, with local governments having the flexibility to regulate smoking more stringently. For instance, localities in Arkansas, such as Fayetteville, Highfill, and Pine Bluff, have implemented smoking bans in restaurants or enclosed workplaces, with varying exemptions.
These local smoking bans reflect a broader trend in the United States towards comprehensive smoke-free laws that cover workplaces, restaurants, and bars. As of 2017, 28 states, Washington, D.C., Puerto Rico, and the U.S. Virgin Islands, along with numerous cities and counties, have implemented such laws. This movement recognises the harmful effects of secondhand smoke and aims to protect the rights of individuals to breathe clean air.
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Smoking in indoor spaces
The 1980s saw the publication of several reports that concluded that involuntary smoking has adverse health effects. The Minnesota Clean Indoor Air Act, the first statewide law requiring separate smoking areas in public places, was enacted during this period. The Arkansas Clean Indoor Air Act of 2006 banned smoking in most enclosed workplaces in the state, with certain exemptions, including private residences, hotel and motel rooms designated as smoking rooms, and workplaces with fewer than three employees.
In 1991, President Bush's health secretary, Louis Sullivan, drafted a proposed executive order to make all federal government-controlled spaces smoke-free. However, this order was opposed by several departments and did not come into effect. In 1997, President Bill Clinton issued an executive order banning smoking in federal buildings, a decision that was criticised by the tobacco industry as "redundant" and "unreasonable."
Since 2000, there have been further developments in the regulation of smoking in indoor spaces. In 2005, Bloomington banned smoking in all enclosed workplaces, including bars and restaurants, with smoking only allowed outside at a "reasonable distance" from entrances. In 2007, Independence banned smoking in all workplaces, including bars and restaurants, following a referendum. As of January 2009, 30 states had laws requiring 100% smoke-free workplaces, restaurants, and/or bars, and it was estimated that 70.2% of the US population was covered by such laws.
As of June 2024, 28 states have 100% smoke-free indoor air laws in both government and private worksites. The Virgin Islands also have 100% smoke-free indoor air laws for bars, restaurants, and worksites. However, 22 states, Guam, the Northern Mariana Islands, and Palau do not have comprehensive smoke-free indoor air laws covering all bars, restaurants, and worksites. The U.S. Department of Housing and Urban Development has implemented a final rule requiring all public housing agencies to have smokefree policies for residential units and common areas.
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Cigarette advertising bans
In the past, tobacco companies employed diverse marketing strategies, including television and radio ads, endorsements from doctors, and cartoon mascots. Following the Surgeon General's report on smoking and health in 1964, a gradual shift occurred, leading to limitations on Big Tobacco's advertising tactics. The Federal Communications Commission (FCC) applied the Fairness Doctrine to cigarette ads, resulting in anti-tobacco messages accompanying tobacco industry advertisements.
The U.S. Cigarette Advertising and Promotion Code implemented a voluntary ban on paid cigarette product placement around 1991, and the 1998 Master Settlement Agreement formally banned the practice. However, this did not significantly impact the depiction of cigarettes in American films. In response to a request from the California Attorney General in 2003, some tobacco companies agreed to refrain from allowing their brands to be used in film depictions of smoking.
The Family Smoking Prevention and Tobacco Control Act, enacted in 2009, played a pivotal role in regulating the marketing practices of the tobacco industry. It granted the Food and Drug Administration (FDA) the authority to oversee the manufacture, distribution, and marketing of tobacco products. The Act expanded restrictions on tobacco brand sponsorships, prohibited the use of vending machines and product sampling (except in adult-only facilities), and restricted sales to face-to-face transactions. Additionally, it mandated larger and more visible warning labels on smokeless tobacco products, such as "WARNING: This product can cause mouth cancer."
While television ads for cigarettes have been banned in the United States, similar restrictions do not apply to e-cigarettes, which has led to increased exposure of children to nicotine advertising. To address this, the FDA issued a final rule in May 2016, asserting its authority over all tobacco products, including e-cigarettes, cigars, and hookah. This rule enables the FDA to restrict youth sales, prohibit certain flavors, and take other actions to safeguard public health.
Despite these measures, tobacco companies continue to seek alternative avenues for advertising, such as point-of-sale locations, product packaging, and sponsorships. The exposure of US children to nicotine advertising was still increasing as of 2018, highlighting the ongoing challenge of comprehensively addressing cigarette advertising.
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Tobacco taxes
At the federal level, tobacco taxation has a long history in the United States, dating back to the country's early days. In 1794, Alexander Hamilton, the secretary of the treasury, introduced the first federal excise tax on tobacco products, which was later repealed. On July 1, 1862, the United States Congress passed excise taxes on various items, including tobacco. Despite these early attempts, it wasn't until the 20th century that states began to ratify tobacco excise taxes. Iowa became the first state to pass a tobacco excise tax at the state level in 1921, and by 1950, 40 states and Washington, D.C., had enacted taxes on cigarette sales.
In the 1950s and 1960s, an analysis showed a relationship between tax increases and declining smoking rates. By 1969, all states, the District of Columbia, and the territories had implemented cigarette taxes. During this period, the dollar amount of tobacco tax revenue (combined federal and state) increased significantly, from $2 billion in 1955 to $12 billion in 1993. However, when adjusted for inflation, these figures show a decline in real value over time.
Today, tobacco products in the United States are taxed in two main ways: the unit tax and the ad valorem tax. The unit tax is based on a constant nominal rate per unit, typically per pack of cigarettes. The ad valorem tax, on the other hand, is based on a constant fraction of either the wholesale or retail price. Federal taxes on cigarettes, small cigars, and smokeless tobacco products are typically unit taxes, while federal taxes on large cigars are ad valorem taxes.
While tobacco taxes have been successful in reducing tobacco consumption and improving public health, they have also led to the creation of black markets in some states with high taxes. For example, New York State lost an estimated $1.63 billion to black market sales due to tobacco smuggling. Additionally, tobacco taxes have been criticized for unfairly targeting low-income groups, as a significant proportion of smokers belong to these demographics.
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Frequently asked questions
The Cigarette Labeling and Advertising Act of 1965 was the first law requiring the labeling of cigarette packages with health warnings. This was followed by the 1969 Public Health Cigarette Smoking Act, which banned cigarette advertising on television and radio.
California was the first US state to implement a comprehensive statewide tobacco control program in 1995, banning smoking in all enclosed workplaces, including bars and restaurants.
The strictest smoking ban in the US is in Calabasas, California, where smoking anywhere a non-smoker could congregate, including public sidewalks and apartment complexes, is a misdemeanour punishable by a fine of at least $250.
The Family Smoking Prevention and Tobacco Control Act, signed into law on 22 June 2009, gives the FDA the authority to regulate the manufacture, distribution, and marketing of tobacco products to protect the public health of the US population.
