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Frequently Asked Questions (FAQs)

 

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Policy & Legislation
  1. How do I find information about tobacco laws in my area?

  2. What are current federal laws related to tobacco use?

  3. What is the Master Settlement Agreement (MSA)?

  4. How do I get information about implementing a smoke-free workplace?

  5. How do I get information on clean indoor air policies in my area?

  6. Are resources available that provide information on legal issues related to tobacco use?



  1. How do I find information about tobacco laws in my area?
    Tobacco-related laws are generally established by individual states. In some states, cities or counties have passed more restrictive local ordinances; however, many states prohibit local areas from passing more stringent antismoking laws. This practice is known as preemption.

    Information on the clean indoor air laws in each state is available on the State Tobacco Activities Tracking and Evaluation (STATE) System on CDC's Smoking & Tobacco Use Web site.

    Information on state tobacco laws also is available on the American Lung Association’s (ALA's) State-Legislated Actions on Tobacco Issues (SLATI)Web site.


    Resources:

    CDC Smoking & Tobacco Use Web Site: State Tobacco Activities Tracking and Evaluation (STATE) System
    http://apps.nccd.cdc.gov/statesystem/

    CDC Smoking & Tobacco Use Web Site: Policy and Legislation
    http://www.cdc.gov/tobacco/data_statistics/by_topic/policy.htm#highlights

    ALA State-Legislated Actions on Tobacco Issues (SLATI) Web Site
    http://slati.lungusa.org/about.asp

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  2. What are current federal laws related to tobacco use?
    Most legislation restricting or prohibiting smoking in specific sites is established at the state and local levels. Exceptions include federal laws that prohibit smoking on domestic airline flights (passed in 1987 and 1989) and laws that prohibit smoking in facilities that provide federally funded children's services (passed in 1992 and 1993).

    At this time, no federal entity has the authority to regulate the distribution or marketing of tobacco products.

    The Policy and Legislation section of the Smoking & Tobacco Use Web site provides an overview of federal legislation related to tobacco use. Included are summaries that identify the agency empowered to oversee or enforce a regulation and highlight actions taken under a specific law.

    The Thomas Legislative Database provides summaries and complete text of congressional bills.


    Resources:

    CDC Smoking & Tobacco Use Web Site: Policy and Legislation
    http://www.cdc.gov/tobacco/data_statistics/by_topic/policy.htm

    THOMAS Legislative Database
    http://thomas.loc.gov/home/thomas.html

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  3. What is the Master Settlement Agreement (MSA)?
    The Master Settlement Agreement (MSA) was awarded in November 1998 to 46 states and 5 U.S. territories to help them recover medical care costs for publicly insured victims of tobacco-related diseases. The provisions of the MSA are similar to those previously awarded to the four remaining states (Florida, Minnesota, Mississippi, and Texas) in individual settlements.

    By signing the MSA, states gave up their legal claims that the participating tobacco companies had been violating state antitrust and consumer protection laws for decades. In return, the tobacco companies agreed to pay the states billions of dollars in yearly installments over a 25-year period starting in 2000. The participating companies also agreed to change their marketing strategies to neither directly nor indirectly target youths.

    Documents related to the MSA, including subsequent amendments, are available on the National Association of Attorneys General’s Web site.


    Resources:

    National Association of Attorneys General Web Site:
    Tobacco Public Page--MSA
    http://www.naag.org/issues/tobacco/index.php?sdpid=919

    Title: Best Practices for Comprehensive Tobacco Control Programs--2007
    Source: CDC
    http://www.cdc.gov/tobacco/tobacco_control_programs/stateandcommunity/best_practices/index.htm


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  4. How do I get information about implementing a smoke-free workplace?
    The Secondhand Smoke section of the Smoking & Tobacco Use Web site provides:

    ▪ Information on secondhand smoke exposure, health effects, and smoke-free initiatives, including smoke-free workplaces.

    ▪ Best practices guidance in documents that present case studies and guiding principles.

    ▪ Links to other helpful organizations and resources.

    Employers who are interested in implementing smoke-free workplaces also are encouraged to contact the tobacco control office at their local health department.


    Resources:

    CDC's Smoking & Tobacco Use Web Site: Secondhand Smoke
    http://wwww.cdc.gov/tobacco/secondhand_smoke/index.htm

    Title: The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of Surgeon General
    Source: CDC
    http://www.cdc.gov/tobacco/data_statistics/sgr/sgr_2006/index.htm

    Americans for Nonsmokers' Rights Web Site
    http://www.no-smoke.org

    Title: Smoke-free Workplace Laws Reduce Smoking and the Cigarette Companies Know It
    Source: Campaign for Tobacco-Free Kids
    http://tobaccofreekids.org/research/factsheets/pdf/0196.pdf

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  5. How do I get information on clean indoor air policies in my area?
    Tobacco-related laws are generally established by individual states. In some states, cities or counties have passed more restrictive local ordinances; however, many states prohibit local areas from passing more stringent antismoking laws. This practice is known as preemption.

    Information on the clean indoor air laws in each state is available on the State Tobacco Activities Tracking and Evaluation (STATE) System on the Smoking & Tobacco Use Web site.

    Information on state tobacco laws also is available on the American Lung Association’s (ALA's) State-Legislated Actions on Tobacco Issues (SLATI) Web site.



    Resources:

    CDC Smoking & Tobacco Use Web Site: State Tobacco Activities Tracking and Evaluation (STATE) System
    http://apps.nccd.cdc.gov/statesystem/

    ALA State Legislated Action on Tobacco Issues (SLATI) Web Site
    http://slati.lungusa.org/StateLegislateAction.asp

    State and federal government contact information
    USA.gov Web Site
    http://www.usa.gov

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  6. Are resources available that provide information on legal issues related to tobacco use?
    As a non-regulatory federal agency, CDC cannot provide legal advice or a legal opinion. CDC can direct individuals and organizations to reputable sources of information and assistance related to tobacco use policy and legal issues. Please note, however, that these suggestions do not constitute an endorsement by CDC of the organizations or information that appears on their Web sites.

    Resources:

    Law Library of Congress
    http://www.loc.gov/law/public/law.html

    THOMAS Legislative Information Database System
    http://thomas.loc.gov/

    Global Legal Information Network (GLIN)
    http://www.glin.gov/

    Guide to Law Online
    http://www.loc.gov/law/public/law-guide.html

    Americans for Nonsmokers’ Rights
    1-510-841-3032
    http://www.no-smoke.org

    Tobacco Control Legal Consortium (TCLC)
    http://www.wmitchell.edu/tobaccolaw/tclc.html

    Action on Smoking and Health Web site
    http://ash.org/

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