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State Preemption and Local Tobacco Control: Constraints and Opportunities for Innovation in the US

Author

Listed:
  • Rishika Chakraborty

    (Center for Health Policy and Media Engagement, School of Nursing, George Washington University, Washington, DC 20052, USA)

  • Micah L. Berman

    (College of Public Health & Moritz College of Law, The Ohio State University, Columbus, OH 43210, USA)

  • Y. Tony Yang

    (Center for Health Policy and Media Engagement, School of Nursing, George Washington University, Washington, DC 20052, USA
    George Washington Cancer Center, George Washington University, Washington, DC 20052, USA)

  • Yan Li

    (Department of Epidemiology and Biostatistics, School of Public Health, University of Maryland, College Park, MD 20742, USA
    Joint Program for Survey Methodology, School of Behavioral and Social Science, University of Maryland, College Park, MD 20742, USA)

  • Yan Wang

    (George Washington Cancer Center, George Washington University, Washington, DC 20052, USA
    Department of Prevention and Community Health, Milken Institute School of Public Health, George Washington University, Washington, DC 20052, USA)

  • Debra Bernat

    (George Washington Cancer Center, George Washington University, Washington, DC 20052, USA
    Department of Epidemiology, Milken Institute School of Public Health, George Washington University, Washington, DC 20052, USA)

  • Sabrina Zhang

    (Joint Program for Survey Methodology, School of Behavioral and Social Science, University of Maryland, College Park, MD 20742, USA)

  • Carla J. Berg

    (George Washington Cancer Center, George Washington University, Washington, DC 20052, USA
    Department of Prevention and Community Health, Milken Institute School of Public Health, George Washington University, Washington, DC 20052, USA)

Abstract

State preemption of local laws may impede tobacco control, yet little research has examined local policy activity before, during, and after preemption. This study addresses this gap. We summarized state laws preempting local smoke-free workplace, youth access, and licensure laws (CDC’s STATE) and local legislative activity before, during, and after preemption (Americans for Nonsmokers’ Rights Foundation) across 1999–2021. Preemption existed for smoke-free workplaces in 18 states, youth access in 21, and licensure in 13. Regarding smoke-free workplace laws, local laws were passed in 5 of 11 states with preemption throughout; among seven states with partial-period preemption, local laws were enacted before preemption or after repeal in three states but during preemption in two. Regarding youth access, localities adopted laws (e.g., addressing purchase/use/possession or e-cigarettes) in 11 of 18 states with preemption throughout; among the three states with partial-period preemption, localities passed laws before preemption in one state and during preemption in two. For licensure, localities passed laws (e.g., licensing requirements/penalties) in eight of nine states with preemption throughout and three of four states with partial-period preemption. Although state preemption reduced local activity, some localities advanced tobacco control during preemption, underscoring the need for localities to exercise autonomy permitted under preemption.

Suggested Citation

  • Rishika Chakraborty & Micah L. Berman & Y. Tony Yang & Yan Li & Yan Wang & Debra Bernat & Sabrina Zhang & Carla J. Berg, 2025. "State Preemption and Local Tobacco Control: Constraints and Opportunities for Innovation in the US," IJERPH, MDPI, vol. 22(6), pages 1-12, May.
    • Handle: RePEc:gam:jijerp:v:22:y:2025:i:6:p:827-:d:1663303
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    References listed on IDEAS

    as
    1. Y. Tony Yang & Carla J. Berg, 2022. "How Preemption Can Lead to Inequity," IJERPH, MDPI, vol. 19(17), pages 1-8, August.
    2. Nixon, M L & Mahmoud, L & Glantz, Stanton A. Ph.D., 2004. "Tobacco industry litigation to deter local public health ordinances: the industry usually loses in court," University of California at San Francisco, Center for Tobacco Control Research and Education qt3217s0k3, Center for Tobacco Control Research and Education, UC San Francisco.
    3. Bayer, R. & Colgrove, J., 2002. "Science, politics, and ideology in the campaign against environmental tobacco smoke," American Journal of Public Health, American Public Health Association, vol. 92(6), pages 949-954.
    4. Page D. Dobbs & Ginny Chadwick & Eric Crosbie & Jessica Breslin & Lisa Henriksen, 2023. "Preemption in State Tobacco Minimum Legal Sales Age Laws in the US, 2022: A Policy Analysis of State Statutes and Case Laws," IJERPH, MDPI, vol. 20(11), pages 1-9, May.
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