July/August 2002
Note: This publication has been individually
transmitted to state tobacco program managers, ASTHO affiliates, and other
tobacco prevention professionals. You
are encouraged to forward all or part of this publication to STATE HEALTH
OFFICIALS, COALITION MEMBERS, and OTHER PARTNERS. The Tobacco Free Press is
produced by ASTHO under Cooperative Agreement N.U50/CCU306138-07 with the CDC
Office on Smoking and Health. _____________________________________________________________________________________________
CONTENTS:
·
SPECIAL SUPPLEMENT
– Tobacco Industry Update
b
Indiana
The Indiana Supreme Court ruled in favor of Fort Wayne’s smokefree restaurant ordinance, which was challenged by a restaurant chain owner. The ordinance, approved in 1998 and effective January 1, 1999, mandated the separation of smoking and non-smoking sections in restaurants. The ordinance excluded taverns. The plaintiff claimed that the ordinance provided an exception for restaurants must follow the state’s alcoholic beverage laws prohibiting minors from entering bar areas of restaurants. The Court found that this argument was contrary to the purpose of the ordinance, to reduce children’s exposure to secondhand smoke.
Kentucky
Approximately 70 percent of
individuals feel it is extremely important to protect children from secondhand
smoke. This is one of the findings of a
new study on the overall effectiveness of the Northern Kentucky 2002 Secondhand
Smoke Media Campaign, spearheaded by the Northern Kentucky Health Department,
and promoted by the Tobacco Prevention Coalition of Northern Kentucky. The study, conducted by the Center for
Prevention Studies of the University of Cincinnati, surveyed a random sample of
390 Northern Kentucky adult smokers on their attitudes, behaviors, and
perceptions of the three advertisements addressing the dangers of secondhand
smoke. The purpose of the media
campaign was to increase Northern Kentucky smokers’ willingness to protect
children from secondhand smoke. Of
those who had seen the ads at least once, 53 percent reported that they made
them more aware of the effects of secondhand smoke.
For more information, contact Stephanie Vogel, Northern
Kentucky Health Department, at 859-578-7660.
Oklahoma
A state district court judge signed a temporary restraining order against the new state clean indoor air law, preventing the Oklahoma Department of Health from enforcing it. The Oklahoma Restaurant Association filed the motion to halt enforcement, which was to begin August 1, 2002.
Under the clean indoor air regulation passed by the Oklahoma Board of Health and signed into law by Governor Frank Keating, restaurants that have a seating capacity of 50 or more must be “all smoking,” “smoke free,” or “effectively smoke free.” "Effectively smoke free" means the restaurant will provide a separately ventilated room for smokers. Businesses had 30 days to compile and the Department of Health set up a toll-free hotline to answer questions concerning the new law.
The Oklahoma Department of Health is appealing the District Court’s decision to the Oklahoma State Supreme Court.
For a copy of the new law, go to http://www.health.state.ok.us/program/tobac/Chapter%2099%20(AfterGovApproval).pdf.
Wisconsin
On June 25, 2002, the City of Milwaukee Common Council
passed a 100 percent smoke-free city buildings ordinance by a 16 to 1 vote.
This ordinance prohibits smoking in all indoor, enclosed areas of city
buildings, including all hallways, waiting areas, restrooms, cafeterias and
private, enclosed offices of city employees and elected officials, or in any
city-owned or leased vehicles. It also creates a gradual forfeiture for willful
violation.
Milwaukee youth aided in the development of the new policy. The youth-led, adult-guided partnership was
supported by Strive Media Institute, the City of Milwaukee Health Department,
Milwaukee Community Tobacco Coalition, members of Milwaukee's Common Council,
the Commissioner of Health, and the American Cancer Society.
For more information, contact Patricia Fauteck,
Milwaukee Health Department, at 414-286-8104.
Alabama
Youth smoking has decreased by 37 percent since 1999, according to the Alabama Youth Risk Behavior Survey. Twelve percent of Alabama teens reported that they were current smokers (smoked at least 20 cigarettes in the last 30 days). Smoking rates were highest among 12th graders (25.3 percent) and lowest among 9th graders (20.8 percent.)
For more information, contact Jim McVay, Tobacco Prevention
Program Director, at
jmcvay@adph.state.al.us.
Iowa
Over 550 Iowa high school and college students from
84 of Iowa’s 99 counties attended the 2002 JEL (Just Eliminate Lies) Summit in
July 2002. Youth took part in a series
of interactive sessions, designed to stimulate discussion and develop action
steps to counteract tobacco industry strategies through education, grassroots
advocacy and counter-marketing. The third annual summit ended with a rally and
march through the Iowa State University campus in Ames. JEL has more than 4,000
members.
For more information, contact Keven Arrowsmith,
Information Specialist, Iowa Department of Public Health, at 515-281-4768
or karrowsm@idph.state.ia.us.
Ohio
The Ohio Tobacco Use Prevention and
Control Foundation’s “stand” counter-marketing campaign launched a statewide
“stand up, sound off” music tour and lip-sync contest. The tour gives teens a tobacco free venue to
express their creativity and have fun, while providing tobacco prevention
information. The tour will travel
around Ohio from August to October 2002, with regional festivals in November
and December 2002. The tour will
feature stand tobacco prevention gear and promotion items and participants
receive videotapes of their performance.
For more information, go to http://www.standonline.org.
Washington
More than 190 young anti-tobacco activists participated in one of three summits sponsored by the Department of Health this summer. The "Outrage" summits gave teens a chance to learn about media literacy, organizing, team building, and activity planning, which they can use in their local anti-tobacco coalitions. Participating teens were encouraged to form teams to make presentations at the statewide Prevention Summit set for October 2002 in Yakima. Teams of presenters will receive further training at a train-the-trainer event in September 2002.
As at past youth summits, Selecky Awards, named after Washington’s Secretary of Health, Mary Selecky, were presented to the youth, adult advisors, and groups who made outstanding contributions to Washington’s tobacco prevention and control movement during the past year.
For more information, contact Carla Huyck, WA Dept
of Health, Tobacco Control Program, at carla.huyck@doh.wa.gov.
Michigan
Beginning in January 2002
through May 2002, a secondhand smoke media campaign was designed and
implemented by Marquette
County “Youth For Truth.” This campaign
was sponsored by Blue Cross/Blue Shield of Michigan, Tobacco Free Michigan
Action Coalition, Marquette County Community Foundation and Marquette County
Tobacco Free Community Coalition. The
secondhand smoke media campaign was one of the primary activities to educate
the public on the harmful effects of tobacco use and
to expose the advertising tactics and practices of the tobacco industry. The media campaign included over 5,000 cable
TV ads, 5,000 radio ads, 40 billboards, and 40 print ads. The ultimate goal of the project was
to help youth take a leadership role in their own health practices that will
result in less illness and death from tobacco.
As a part of the
evaluation of the media campaign, the Marquette County “Youth for Truth” group conducted a survey of community
leaders in Marquette County, including the Board of Health, Board of
Commissioners and City Councilmen.
Survey questions concerned community leaders’ awareness and views on
secondhand smoke and their views on public policy regarding secondhand smoke.
“Youth for Truth” representatives visited each of the five public meetings, and
reported the results of the survey during the Public Comments session of the
agenda, thus earning media coverage for their issue. The “Youth for Truth” hope this new information will spur
Marquette County Commissioners to pass a smoke-free health regulation for all
workplaces and public places in the county, following the example set by the
City of Marquette in 1996.
For more
information, contact Jim Harrington, Marquette County Health Department, at jharrington@hline.org.
North
Carolina
The North Carolina Tobacco Prevention and Control Branch conducted a series of two-day policy training workshops for schools to move schools towards 100% tobacco free campuses. Workshops conducted this past spring with 20 school districts were deemed successful. Each school must put together a team of school and community representatives and formulated action plans. The teams can apply for mini-grants up to $1000 to aid in the implementation of their plan.
In addition, STOMP! (Schools + Tobacco = One Major
Problem!) advocacy trainings will be held in the Fall 2002.
Youth will hear lessons learned from peers in North Carolina, Florida,
Georgia and Mississippi on advocating for 100% tobacco free school
policies.
For
more information, contact the North Carolina Tobacco Prevention and Control
Branch at 919-733-7081 or go to the North Carolina youth empowerment website http://www.StepUpNc.com.
Pennsylvania
Governor Schweiker signed youth access legislation that increases penalities for youth who attempt to buy tobacco and also for retailers. Youth who are caught trying to buy tobacco will be penalized at the discretion of the court and punishment could include up to 75 hours of community service, a maximum fine of $200, a 30-day suspension of driver’s license or completion of a cessation program. Retailers who violate the law will receive a maximum fine of $5,000 and could face revocation of their license to sell tobacco for up to five years. The legislation preempts local jurisdictions from passing stricter regulations than the state law.
For
more information, contact the Pennsylvania Division of Tobacco Prevention at
717-783‑6600.
Maine
The
Partnership for a Tobacco-Free Maine (PTM) has achieved a remarkable 33 percent
quit rate at six months among Maine Tobacco HelpLine callers who received an
intervention. Quit rates were defined with 30-day point prevalence (no smoking
for the past 30 days). In addition, PTM
rolled out a tobacco treatment medication voucher program statewide. Through
the voucher program NRT is available at no cost to Maine citizens who have no
insurance coverage for tobacco treatment medications. Nicotine replacement
therapy in the form of gum and patches is available statewide through the Maine
Tobacco HelpLine to tobacco users who participate in the HelpLine telephone
counseling program and are determined to benefit from NRT. Zyban will be phased
into the medication voucher program at a later date.
For
more information, contact Mary Beth Welton, Program Manager, Partnership for a
Tobacco-Free Maine, at 207-287-5381.
Pennsylvania
The
Pennsylvania Department of Health launched their statewide tobacco quitline on
June 26, 2002. The quitline is
contracted with the American Cancer Society. Callers speak with trained
counselors and receive five scheduled follow-up calls. Smokers who are not
ready to quit receive materials including a self-help quit guide and tailored
fact sheets along with local cessation service listings. The cessation
counselors also provide callers with information on cessation coverage by
Pennsylvania health-insurance plans and Medical Assistance. In addition, the Health Department is
promoting the quitline through an outdoor media campaign in the
Harrisburg/Central Pennsylvania area and the Wilkes-Barre/Scranton region.
For
more information, contact the Pennsylvania Division of Tobacco Prevention at
717-783‑6600.
Nebraska
Tobacco
Free Nebraska launched a statewide tobacco quitline program on August 19,
2002. Certified counselors will develop
a personalized "Quit Plan" for each caller to stop using tobacco, by
setting specific goals and target dates for quitting, and strategies for
staving off cravings. Personalized quit
kits are sent to each caller including the personalized plan and tip sheets
relevant to the caller's needs.
Counselors offer to make follow-up calls on a regular schedule to
provide ongoing support, advice and encouragement. There is no limit to the
number of follow-up sessions or the number of times a person can call for
support. Tobacco Free Nebraska
contracted with Pioneer Development and Support Services of Salt Lake City,
Utah to provide the quitline.
For more information,
contact Tobacco Free Nebraska at 402-471-2101.
Washington
The Washington State Department of Health and its partners Qualis Health and the Robert Wood Johnson Foundation have finished accepting applications from primary care clinics interested in working together to improve their delivery of health services, including tobacco cessation. Clinics participating in the collaborative project will choose between two tracks: diabetes or adult preventive services care. Clinic participants will attend learning sessions and an Outcomes Congress, set up patient registries, learn and do rapid-cycle quality improvement, and share experiences with each other and a team of faculty experts. The collaborative project plans to recruit 40 Washington clinics this summer to participate.
For more information, go to the Collaborative’s Web
site http://www.doh.wa.gov/cfh/wsdc
or to the Qualis Health Web site at http://www.qualishealth.org/collabs/ws_prevent_services/prevent_services.htm
In late June 2002, Washington began airing new television ads aimed at motivating tobacco users, who are interested in quitting, to call the Washington quit line. Produced by Seattle advertising agency, Sedgwick Rd., the new ads use humor to suggest that smokers don’t need to go to extreme measures to quit. In the first ad, a woman, trying to quit her tobacco habit, uses mousetraps to booby-trap the cigarette packs she keeps in her house, car, and purse. She carries on with her normal day and when forced by habit to reach for a cigarette, snap! In the second ad, a man, also trying to quit smoking, has strapped a working shower nozzle and tank to his back that activates when he lights up, dousing the flame and ruining the cigarette. At the end of both ads, an announcer explains, “There are easier ways to quit.” Similar ads will be displayed on billboards, buses, posters, and on coasters in places where people smoke.
To view the new television
ads, go to the WA Department of Health Tobacco Prevention and Control Program’s
website at http://www.doh.wa.gov/tobacco/media/media.htm
For more information, contact Susan Zemek at susan.zemek@doh.wa.gov.
Wisconsin
The
University of Wisconsin Medical School, Center for Tobacco Research and
Intervention and Office of Continuing Medical Education created a free
web-based continuing medical education (CME) program, providing training in the
treatment of tobacco dependence. The program is based on the U.S. Public Health
Service Clinical Practice Guideline: Treating
Tobacco Use and Dependence and the program’s faculty, Dr. Michael Fiore, is
a nationally-recognized expert on tobacco use treatment. The program takes approximately one hour to
complete.
For more information, go the
program’s website at http://www.cme.uwisc.org/.
Increasing the
Tobacco Excise Tax
ASTHO has been tracking increases in state
tobacco excise tax. Please consult
earlier Tobacco Free Press issues for a complete update on cigarette
excise tax increases. Generated revenue
from the tax is dedicated to the general fund in the following states, except
where noted. According to the Campaign
for Tobacco Free Kids, the average state cigarette tax is $0.588. The following are the latest updates:
The California State Assembly is debating
a $2.13 increase in the cigarette excise tax, to total $3.00.
Indiana increased the cigarette excise tax by $0.40 to total $0.555.
Louisiana Governor Mike Foster signed two separate pieces of legislation in June
2002 to increase the cigarette excise tax.
One bill reenacted a $0.04 tobacco tax increase effective July 1, 2002. Another piece of legislation enacted a $0.12
tobacco tax increase effective August 1, 2002.
The total tax on all tobacco products is $0.36. Generated revenue from the tax will be put
into a Tobacco Tax Health Care Fund.
That amount will be divided among several programs around the state,
including $0.02 dedicated to smoking prevention and cessation for state
hospital, school and community programs.
The cigarette excise tax in Massachusetts increased by
$0.75 to total $1.51, which is currently the highest in the nation. Both the House and Senate overrode Governor
Jane Swift’s veto of the legislation.
In addition, funding for the Massachusetts Tobacco Control Program
was cut to $9.5 million from $48 million in FY 2002.
Michigan increased the cigarette
excise tax from $0.75 to $1.25. The new
tax went into effect August 1, 2002.
New Jersey increased the cigarette
excise tax by $0.70 to total $1.50. A
portion of funds will be dedicated to the statewide tobacco prevention program,
increasing funding from $30 million/year to $45 million by FY 2006. The tobacco
prevention program will be funded at the CDC-recommended minimum amount.
Sixty-two percent of North Carolina voters support a $0.50
increase in the cigarette excise tax to total $0.55, with generated funds
dedicated to prevent youth smoking and filling the state’s deficit.
Oregon Governor John Kitzhaber vetoed legislation that contained
a sunset clause on a $0.60 cigarette excise tax increase, to total $1.28. The
tax would revert back to $0.68 in 2009.
The Governor stated that the tax needed to be permanent. Oregon voters will have a chance to vote on the
legislation in elections on September 17, 2002.
Pennsylvania Governor Mike Schweiker
signed legislation that increased the cigarette excise tax by $0.69, to total
$1.00.
Tennessee increased the cigarette excise tax from $0.12 to $0.20,
when combined with the state sales tax increase. The new tax went into effect July 15, 2002.
Tobacco Prevention Ballot Initiatives
An increasing number of states are turning towards ballot
initiatives to pass tobacco prevention legislation. Here is a brief synopsis of states that have tobacco issues on
the fall 2002 ballot.
Proposition 303 in Arizona would
increase the cigarette excise tax by $0.60, to total $1.18. Generated funds would be dedicated to
healthcare for working and uninsured families, emergency room and trauma care
and disease prevention programs along with supporting scientific research in
Arizona universities on heart disease, lung disease, cancer and
stroke. Prop. 303 also protects the statewide tobacco prevention program
from further budget cuts and ensures its existence into the future. For more information, go to the Prop 303
website at http://www.azforahealthyfuture.org.
A ballot initiative in Michigan
would dedicate 90 percent of the tobacco settlement money to tobacco
prevention, research, and health care programs, while the state general fund
would receive the remaining 10 percent. Currently, 75 percent of the
settlement funds are dedicated to Governor Engler’s Merit Scholarship Program
for higher education scholarships. For
more information, go to http://www.tobaccomoney.com.
Citizens for a
Healthy Missouri’s petition for a ballot question to raise the cigarette
excise tax to $0.55 was rejected by the secretary of state’s office. 2,000 signatures were declared invalid due
to congressional re-districting.
Initiative 146 in Montana
would dedicate $9.1 million or 49 percent of settlement funds to the statewide
tobacco prevention program. $4.9
million would be allocated for health insurance for children and low-income
individuals. The CDC minimum investment for Montana is $9 million.
Oregon voters will have a chance
to vote on a $0.60 increase in the cigarette excise tax, to total $1.28, with a
sunset provision in a special September 17, 2002 election.
Maryland and Countermarketing
The Maryland Department of Health and Mental Hygiene launched
a counter-marketing media campaign called “Maryland – Smoking Stops Here.” The campaign’s message targets all
Marylanders, especially youth, through billboards, television ads, a website
and educational programs. “The ‘Here’ in the slogan
encourages individuals to take a stand against tobacco use in a way that is
meaningful to them, whether it is a parent choosing not to smoke with kids in
the car, a teenager turning down a cigarette at a party, or a business owner
supporting a smoke-free workplace,” said Dr. Georges C. Benjamin, Secretary of
the Department of Health and Mental Hygiene. “The examples of ‘Here’ are
virtually limitless, as is our potential to make a difference.” The health
department contracted with a coalition of Maryland/DC advertising, public
relations, marketing and research firms led by Gray/Kirk/Vansant for the
18-month, $14 million media campaign.
For
more information, go to http://www.smokingstopshere.com.
Minnesota Tobacco Prevention Project Withstands Court Challenge
A Ramsey District Court Judge ruled that the Minnesota Partnership for Action Against Tobacco (MPAAT) could stand as an independent organization and that environmental approaches to smoking cessation, such as promoting smokefree places, protects the public’s health. MPAAT’s work on smokefree ordinances to promote cessation was called into question by state Attorney General Mike Hatch, who requested that MPAAT be dissolved and its funds be distributed between the Minnesota Department of Health and the University of Minnesota School of Medicine. The district court mandated that MPAAT evaluate the governance of its organization and expand cessation programs. The organization has to submit a comprehensive plan to the court by September 2002. MPAAT is a non-profit tobacco prevention organization that was created with settlement funds.
For more information, go to http://www.mpaat.org.
National Tobacco Control Legal Consortium Launched
The National
Tobacco Control Legal Consortium (NTCLC) is pleased to announce that John
Bloom, JD has been hired to spearhead strategic planning and development for
the newly formed group. Bloom is a lawyer and health
policy consultant with a long history of work specializing in tobacco control
policy and advocacy issues. He works
with the American Cancer Society’s National Government Relations Department on
federal advocacy, policy analysis and related issues, the National Center for
Tobacco-Free Kids on international tobacco control policy issues and special
projects, and with other national and international organizations.
NTCLC was formed in May 2002 to foster communication and cooperation among attorneys and
tobacco control advocates on legal matters related to tobacco control and to
coordinate resources for legal guidance. With the NTCLC, Bloom will
focus on getting this newly formed organization up and running to begin
addressing its mission and key priorities.
An Executive Director for NTCLC will be hired after the strategic plan
is completed.
The NTCLC has
received start-up funding from the Training and Technical Assistance Consortium
(TTAC) and will put mechanisms in place, over the next six months, to address
the following priorities.
·
Providing Rapid Response Assistance to tobacco
control advocates needing assistance on emerging and immediate tobacco control
legal matters.
·
Targeting Opportunities for Education to promote
the need for tobacco legal resource centers more widely and the work of the
Consortium in further developing them.
·
Assisting States to Develop Tobacco Legal Resource Centers so they may benefit, not only from the resources of the NTCLC, but also
from legal experts within their own state with local knowledge and capabilities.
·
Recruiting and Cultivating Additional Attorneys as Tobacco Control Legal
Resources to assure a growing cadre of attorneys with
strong interest in tobacco control and capable of working with tobacco control
advocates on tobacco related legal matters.
·
Developing the Organizational Structure for the Consortium to develop the infrastructure, capacity and a growth strategy for the
NTCLC.
The NTCLC is proud
of the work accomplished by tobacco control professionals nationwide and hopes
to contribute to the growing number of successes being witnessed in the field.
Grant Funding Available
The
American Legacy Foundation has announced the availability of grant funds to
reduce and prevent the toll tobacco takes on women and families in the United
States. Through the Circle of Friends
Small Grant Program, Legacy will award $1 million in one-year, non-renewable
grants up to $50,000 each on a rolling basis starting July 1, 2002. There is no deadline for applications.
For
more information, go to http://www.americanlegacy.org/section.asp?Location=content/programs/grants/circle_grants.asp.