Analysis of Tobacco Advertising Policy in the U.S

Theoretical Background and research questions/hypothesis: This study examined, described and categorized all state legislation addressing tobacco advertising restrictions in the U.S.

Methods: Policies were obtained from the Center for Disease Control and Prevention (CDC) State Tobacco Activities Tracking and Evaluation (STATE) system, the National Cancer Institute (NCI) database, and Lexis-Nexis.  State legislation introduced since 1965 (year Federal Cigarette Labeling and Advertising Act was passed) were reviewed using a key word search for tobacco advertising legislation.  State legislation was examined and categorized by status: enacted/passed; in committee/pending; dead; and overturned/repealed. This analysis includes only state legislation, and does not include federal or local legislative efforts.

Results: This study identified 118 bills and statutes.  Overall, five core themes emerged (n=45): restrictions pertaining to schools (n=19), community-wide restrictions (n=19), general bans on outdoor advertising (n=3), warning statements required (n=4), and restrictions on lottery tickets and video games (n=3). Findings showed a decline in the number of bills introduced over time and a sharp decrease in the number of bills introduced since 1995.  The majority of bills in the search were enacted or passed, and of the 53 states and territories researched, 50 percent had no laws restricting tobacco advertising (n=27).

Conclusions: Because state legislation can impact state tobacco sales; state and local governments should consider implementing or adopting more restrictive policies.  Given that half the states have no existing laws addressing tobacco advertising, there is a need to strengthen restrictions on marketing and promoting tobacco products.  These findings suggest the need to include tobacco advertising bans as part of comprehensive tobacco control programs.

Implications for research and/or practice: Ten new bills restricting tobacco advertising in two states were introduced in 2009-2010.  Eight of these bills are currently in committees awaiting further action.  The 2009 Family Smoking Prevention and Tobacco Control Act will offer new opportunities for state and local governments to implement or further strengthen policies restricting the promotion of tobacco.