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home » taking action » establishing partnerships » policy strategies
Policy Strategies
Here are some policy strategies related to tobacco advertising, marketing and youth access issues that have been proposed in other communities. You are not limited by these options, they are only meant to give you a place to start. It is a good idea to work with local parents, activists and lawmakers to determine the best strategies for your community.
Local ordinances
The best place to start advocating for tobacco control policies is in your own community. Local citizens and lawmakers are more likely to take action on an issue they can see in their own back yard. Also, opposition from the tobacco industry is less likely at local level than at the state or federal level where the Industry employs full time lobbyists.
- Ban Self Service Displays: Self service displays are often near the cash register and highly visible, exposing all shoppers to pro-tobacco messages. Banning them may decrease youth access to cigarettes through illegal sales and shoplifting and also protect against exposure to industry advertising.
- Sign ordinances: Laws that limit the size, number and placement of signs on store exteriors can be very effective at reducing the general public's contact with tobacco ads. Such ordinances often focus on issues of aesthetics or safety. For example, they can require that signs cover only a certain percentage of store windows or prohibit signs on sidewalks, trees, or fences. In some areas, ordinances that specifically restrict only tobacco advertising (and not ads for other products) have been challenged as violations of the First Amendment. A generic sign ordinance that applies to all ads and signs may not face this opposition.
NOTE: The Master Settlement Agreement prohibits tobacco advertisements that are greater than 14 square feet. If you see an ad that exceeds this restriction, first let the person responsible for the advertisement know s/he is out of compliance. If the ad is not removed, you can report the violation to your State Attorney General.
- Zoning options: A city or town can limit the total number of stores that sell tobacco products in the community, or ban tobacco sales near schools, playgrounds, day care centers, or other areas frequented by youth.
- Tobacco retail licensing: Many state and local governments require licensing of tobacco retailers. This license can be suspended or revoked for businesses that violate existing ordinances. This penalty may deter merchants from breaking laws regulating tobacco sales and advertising.
State legislation
Public health legislation at the state level can impact a large number of people, including those in communities that have not yet passed local tobacco control ordinances. It is possible for one person or a group of people to impact state policy. Many changes have come from grassroots efforts. Because it will require a strategic, organized effort to achieve your state policy goals, we recommend that you work with your local American Cancer Society, American Heart Association, American Lung Association or other public health advocacy group. Chances are these groups are working on similar policy efforts themselves, and would welcome your contribution.
In addition to the tobacco control goals above, state laws can also address:
- Minimum retail price: New York has a state law which requires a minimum retail price for tobacco products. Thus retailers' ability to participate in the tobacco industry's promotional programs is limited. This, in turn, reduces advertising that promotes sale prices.
- Excise Taxes: Increasing state excise taxes on tobacco products is an effective measure to reduce smoking. Many states are currently working on cigarette excise tax campaigns.
- Youth access issues: Banning cigarette vending machines and requiring a Photo ID for all customers who appear under 27 years of age helps to reduce minors' access to tobacco from retail sources.
Tobacco Industry Responses
The Tobacco Industry also recognizes the power of policy and legislation and uses many strategies to delay, weaken or defeat public health policies, including:
- Funding front groups, including tax reform groups, citizens rights groups, business groups or other "coalitions" that will speak out in opposition to policy
- Organizing allies, including hospitality associations (hotels, bars and restaurants), restaurant and bar owners associations, retailer associations, and smoker's rights groups.
- Passing or supporting weak or ineffective legislation.
- Questioning the science behind the proposed policy (For example, arguing that kids are influenced by peer pressure and not tobacco advertising).
- Claiming that the policy will not make a difference or that it will be difficult to enforce.
- Presenting misleading economic arguments, such as that it will cause stores to lose customers and income.
- Taking attention away from the policy and focusing on another issue.
- Delaying or overturning effective policies that have recently passed.
Remember, if the Industry is fighting your efforts, chances are that you are doing something right!
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