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Tobacco Control

ACS CAN supports a comprehensive approach to reducing tobacco use and exposure to secondhand smoke, including increasing taxes on all tobacco products, implementing comprehensive smoke-free laws, fully funding and sustaining evidence-based, statewide tobacco control programs, ensuring access to clinical cessation services and working with the Food and Drug Administration to regulate tobacco products and their marketing.

Tobacco Control Resources:

For decades, tobacco companies have used flavors, in cigarettes, cigars, e-cigarettes, hookah, to lure and target youth and young people and expose them to a lifetime of nicotine addiction, disease, and premature death. Flavors, especially menthol, are known to improve the ease and use of a product by masking the tobacco’s harsh effects. ACS CAN urges lawmakers to protect public health, not Big Tobacco’s profits, by passing comprehensive tobacco control policies that apply to all tobacco products.

Many important public health policies are often developed and passed at the local level. Communities are also able to advance health equity when they can pass specific public health policies aimed at addressing local health disparities. But preemption—when a higher level of government revokes local authority—can restrict local policymakers’ ability to pass, implement, and enforce innovative and proactive public health policies. States should be able to set a minimum standard for public health protections, but they should not pre-empt local governments from going above and beyond that minimum standard.

Big tobacco has a history of prioritizing corporate profits over people and communities burdened by tobacco-related illness and death. For decades, the tobacco industry has lied to specific communities and the public at large saying their products are not addictive, harmful or deadly. Tobacco manufacturers continue to create and flood the market with newly designed products they market as being less harmful and alternatives to quitting – a tactic that is not new.

While overall smoking rates have declined in recent years, smoking rates remain higher among specific populations, including people with limited incomes. These differences are in large part due to the tobacco industry’s targeted marketing through advertising, price discounting and other strategies. Every year the tobacco industry spends $9.1 billion in the United States marketing their deadly and addictive products. 

While overall smoking rates have declined in recent years, smoking rates remain higher among specific subpopulations, including African Americans. These differences are in large part due to the tobacco industry’s targeted marketing through advertising, price discounting and other strategies.

While overall smoking rates have declined in recent years, smoking rates remain higher among specific subpopulations, including the LGBTQ+ community. These differences are in large part due to the tobacco industry’s targeted marketing through advertising, price discounting and other strategies.

The tobacco industry has a long history of misleading the public on the harms of its products.  One of the most critical provisions of the TCA requires tobacco companies to receive a marketing order to prove the truthfulness of any claims that their product is “modified risk."

Tobacco is still the number one cause of preventable death nationwide yet the current funding levels for tobacco control programs is not sufficient to prevent and address tobacco-related disparities. The U.S. Centers for Disease Control and Prevention (CDC) recommends that states annually spend 12% of funds from tobacco taxes and lawsuits on tobacco control programs.

The undersigned organizations write today to urge you to enforce the Congressionally-mandated deadlines for Premarket Tobacco Product Applications (PMTAs) for synthetic nicotine products and not allow any delays of those deadlines.

Regulation and Products Resources:

This factsheet provides an overview of key activities by the FDA on menthol cigarettes and flavored cigars.

We write to urge you to respond to a new and growing threat to our nation’s youth: e-cigarette manufacturers’ use of synthetic nicotine to evade Food and Drug Administration (FDA) oversight. E-cigarette manufacturers, including the e-cigarette brand that is most popular with youth, are switching from using tobacco-derived nicotine in their products to synthetic nicotine in order to circumvent tobacco product regulations and to keep flavored e-cigarettes that are attracting and addicting youth on the market. We urge you to quickly address this serious public health situation by enacting legislation at the earliest possible opportunity that enables FDA’s Center for Tobacco Products to regulate synthetic nicotine products.

Whether Puff Bar is under the jurisdiction of the Center for Drug Evaluation and Research
(CDER) as a drug or the Center for Tobacco Products (CTP) as a tobacco product, it is critical that
FDA take action and not permit this company and this product to escape regulatory oversight.
Puff Bar has neither been approved as a drug nor received a premarket tobacco product order.
The agency should not allow any perceived regulatory “gap” to enable this company or any
other company to market new addictive nicotine products without going through the legally
required FDA review by either CDER or CTP.

Because JUUL’s products continue to have the largest share of the e-cigarette market, and therefore presumably are undergoing expedited review, we write at this time to express our conclusion that based on all of the publicly available evidence, no JUUL product currently on the market can meet the statutory public health standard. Therefore, they should not receive a marketing order.

The undersigned organizations submit this citizen petition supplement to update the administrative record for this citizen petition with the most recent information on the impact of menthol in cigarettes.

This joint statement from a consortium of public health organizations sets forth aspirational principles to help local and state health departments, decisionmakers, advocates, and other stakeholders advance equitable enforcement practices related to the purchase, possession, sale, and distribution of all tobacco products. These principles can also help address tobacco addiction and reduce tobacco-related harms while maintaining and improving the efficacy of enforcement of commercial tobacco laws and policies.

The undersigned public health and medical organizations write to urge the Food and Drug Administration (FDA) to grant the pending Citizen Petition referenced above and commence the requested rulemaking to prohibit menthol as a characterizing flavor in cigarettes.

This factsheet provides a summary of the premarket review requirements and status of FDA's enforcement of the requirements.

Smoke Free Resources:

Smoke-free policies reduce exposure to secondhand smoke (SHS) in office and non-office worksites. This has been proven by reduced nicotine concentration levels in the bloodstream of the adults who work in these settings.

 

More than 40 years after former U.S. Surgeon General Jesse Steinfeld first exposed the potential health risks of secondhand smoke (SHS) in 1971, and nearly 30 years after a subsequent Surgeon General’s report stated that SHS causes lung cancer and other diseases, all U.S. workers still do not have the right to breathe smoke-free air.

ACS CAN advocates for everyone’s right to breathe smoke-free air so that no one is forced to choose between their health and a paycheck. ACS CAN urges state and local officials to pass and protect comprehensive smoke-free laws in all workplaces, including restaurants, bars and gaming facilities.

Research has repeatedly shown that there is no risk-free level of exposure to secondhand smoke (SHS). Smoke-free laws and policies provide immediate and long-term health benefits for both people who smoke and those who do not and are good for businesses and workers.

Exposure to secondhand smoke (SHS) is an occupational hazard for many casino workers – from dealers to security. But when smoking is permitted in casinos, no one – even patrons – is safe from SHS exposure. Job-related exposure to SHS is a significant, but entirely preventable, cause of premature death among U.S. workers.

 

Prevention and Cessation Resources:

This joint statement from a consortium of public health organizations sets forth aspirational principles to help local and state health departments, decisionmakers, advocates, and other stakeholders advance equitable enforcement practices related to the purchase, possession, sale, and distribution of all tobacco products. These principles can also help address tobacco addiction and reduce tobacco-related harms while maintaining and improving the efficacy of enforcement of commercial tobacco laws and policies.

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Tobacco Taxes Resources:

The American Cancer Society Cancer Action Network (ACS CAN) supports a comprehensive approach to tobacco control that includes significantly increasing excise taxes on all tobacco products to generate revenue, protect kids, and save lives. Significant tobacco tax increases are one of the most effective ways to prevent kids from starting to use tobacco and help adults quit.

Increasing tobacco excise taxes is one of the best ways to reduce overall tobacco use. It is important that when considering an excise tax increase on any tobacco product, including e-cigarettes, that the tax should be increased on all tobacco products at an equivalent rate to encourage people to quit rather than switch to a cheaper product, and prevent youth from starting to use any tobacco product.

 

When faced with mounting evidence that tobacco tax increases effectively reduce tobacco use, tobacco manufacturers will try to distract policymakers from the material facts by invoking dire warnings of reduced revenue due to increased illicit activity including widespread smuggling and other organized crime that they claim will result from increased taxes on cigarettes and other tobacco products.

The economic model developed jointly by the Campaign for Tobacco-Free Kids (TFK), the American Cancer Society Cancer Action Network (ACS CAN), and Tobacconomics (a program of the University of Illinois at Chicago) projects the increase in state revenues, public health benefits, and health care cost savings resulting from increases in state cigarette tax rates.  The projections are updated annually.  Calculations are based on economic modeling by Frank Chaloupka, Ph.D., and John Tauras, Ph.D., at the Institute for Health Research and Policy at the University of Illinois at Chicago, Jidong Huang, Ph.D., at Georgia State University, and Michael Pesko, Ph.D., at the University of Missouri.

The American Cancer Society Cancer Action Network (ACS CAN) supports a comprehensive approach to tobacco control that includes significantly increasing excise taxes on all forms of tobacco. Regular, significant excise tax increases of $1.00 or more per pack of cigarettes are one of the most effective ways to prevent kids from starting to use cigarettes and to help adults quit. Tobacco excise taxes can also reduce tobacco-related health disparities among people with limited incomes, pregnant persons and among racial and ethnic populations.

 

Tobacco excise taxes benefit people with limited incomes and reduce tobacco-related health disparities, especially when tobacco excise tax revenues are dedicated to cessation programs that serve people with limited incomes.