State Preemption of Local Tobacco Control Policies Restricting Smoking, Advertising, and Youth Access—United States, 2000–2010

August 26, 2011 / Vol. 60 / No. 33

MMWR Highlights

States with Laws Preempting Local Restrictions on Smoking

• In 2000, 18 states had a preemption law pertaining to smoking restrictions.
• In 2010, 12 states had a preemption law pertaining to smoking restrictions.
• Four of those 12 states have a state-wide smoke-free law.

States with laws Preempting Local Restrictions on Youth Access

• In 2000, 21 states had a preemption law pertaining to youth access.
• In 2010, 22 states had a preemption law pertaining to youth access.
• Pennsylvania enacted a preemptive law pertaining to youth access in 2002.

States with laws Preempting Local Restrictions on Advertising

The number of states with preemptive laws pertaining to advertising remained constant at 18 from 2000–2010.

States with Law Preempting Local Restrictions in all three settings

• In 2000, 11 states had a preemption law which restricted communities from enacting stronger restrictions on smoking, youth access and advertising.
• In 2010, 7 states had a preemption law which restricted communities from enacting stronger restrictions on smoking, youth access and advertising.
• Those seven states are Michigan, North Carolina, Oklahoma, South Dakota, Tennessee, Utah, and Washington.