In 2009, the American Recovery and Reinvestment Act was passed by Congress and signed into law by President Barack Obama. This federal law is better known as the Obama administration's stimulus plan, designed to improve the U.S. economy. Included in the stimulus package is approximately $245 million in federal taxpayer money to be disbursed to states, counties and cities by the Centers for Disease Control to fund local tobacco initiatives during 2011 and 2012. Another $200-plus million would be available for additional local tobacco initiative grants during 2013, 2014 and 2015.
In order to receive these grant dollars, these local initiatives are to focus on the following: (1) restrict tobacco advertising and promotion, (2) prohibit the sale of certain cigar package sizes, (3) ban the sale of tobacco at various kinds of retail stores, (4) ban the sale of flavored tobacco products and (5) place more restrictions on smoking in public.
As a result, there has been, and will continue to be, a major emphasis by state and local governments to adopt these kinds of restrictions on tobacco products. Certain cities on the East and West coasts have already been considering the most restrictive tobacco laws in the country, with some of these cities using federal stimulus grant funds to support passage of the restrictive ordinances.
Ads and Signs
In April of 2011, the Worcester, Mass., city council adopted an ordinance banning all outdoor tobacco advertisements and any in-store advertisements that can be seen from a school, a park or a street. Although NATO informed city officials that the advertisement ban was unconstitutional, the city council proceeded to adopt the ordinance. In response, NATO along with several manufacturers have sued the city of Worcester to seek a court ruling that the Worcester ordinance is in violation of the First Amendment that protects free speech, including the right to advertise. A hearing has been held on the case and a court decision should be issued soon.
In Philadelphia, the city's board of health proposed requiring a graphic health-warning poster to be displayed next to each register. The Philadelphia Board of Health received $10 million in federal stimulus grants to be used, in part, to support passage of this ordinance. NATO submitted a brief to the Philadelphia Board of Health outlining the constitutional arguments against the mandate, and the NATO president testified against the ordinance during a Board of Health hearing. Just last month, the Philadelphia health board announced that further consideration of the ordinance will not occur until later this year.
Cigar Restrictions
In Boston, the city's public health commission adopted an ordinance banning the sale of cigars in packages of less than four, and single cigars if they are priced less than $2.00 per cigar at wholesale or $2.50 per cigar at retail.
In November, the New Bedford, Mass., Board of Health adopted an ordinance almost identical to the Boston cigar package sales ban. However, after NATO worked with local city council members and helped organize retailers to oppose the New Bedford restrictions, the Board of Health repealed the cigar provisions.
Flavor Ban
On January 5, 2012, without giving the public the required 48 hours prior notice of a vote on an ordinance under Rhode Island law, the Providence, R.I., city council passed two ordinances with one banning the sale of all flavored tobacco products except those with the taste or aroma of tobacco, menthol, mint or wintergreen. The other ordinance prohibits the redemption of tobacco product coupons, while also outlawing special product-pricing promotions, such as buy-one, get-one free. Both of these ordinances are scheduled to take effect on March 1, 2012.
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