State Preemption and Local Tobacco Control

Constraints and Opportunities for Innovation in the US

Bibliographic Data

ID15469082
AuthorsRishika Chakraborty (0000-0002-9319-6131, George Washington University), Micah L Berman (0000-0002-0336-1317, The Ohio State University), Ya-Ting Yang (0000-0002-0155-8490, George Washington University), Yan Li (0000-0001-6650-7726, University of Maryland, College Park), Yan Wang (0009-0009-9633-0023, Milken Institute), Debra H Bernat (0000-0003-0611-1441, Milken Institute), Shuai Zhang (0000-0002-5059-6688, University of Maryland, College Park), Carla J Berg (0000-0001-8931-1961, Milken Institute, corresponding author)
Year2025
Volume22
Issue6
Pages827-827
Publication date2025-05-23
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueInternational Journal of Environmental Research and Public Health (JOURNAL)
Journal identifiersISSN: 1661-7827 • E-ISSN: 1660-4601
PublisherMultidisciplinary Digital Publishing Institute (PUBLISHER • CH)
DOI10.3390/ijerph22060827
PMID40566255
OpenAlexW4410640899
LanguageEN
References cited5

State preemption of local laws may impede tobacco control, yet little research has examined local policy activity before, during, and after preemption. This study addresses this gap. We summarized state laws preempting local smoke-free workplace, youth access, and licensure laws (CDC's STATE) and local legislative activity before, during, and after preemption (Americans for Nonsmokers' Rights Foundation) across 1999-2021. Preemption existed for smoke-free workplaces in 18 states, youth access in 21, and licensure in 13. Regarding smoke-free workplace laws, local laws were passed in 5 of 11 states with preemption throughout; among seven states with partial-period preemption, local laws were enacted before preemption or after repeal in three states but during preemption in two. Regarding youth access, localities adopted laws (e.g., addressing purchase/use/possession or e-cigarettes) in 11 of 18 states with preemption throughout; among the three states with partial-period preemption, localities passed laws before preemption in one state and during preemption in two. For licensure, localities passed laws (e.g., licensing requirements/penalties) in eight of nine states with preemption throughout and three of four states with partial-period preemption. Although state preemption reduced local activity, some localities advanced tobacco control during preemption, underscoring the need for localities to exercise autonomy permitted under preemption

Business · Control (management · Environmental health · Federal preemption · Political science · Preemption · Public health · State (computer science · State law · Tobacco control · Computer Science · Global Public Health Policies and Epidemiology · Law · Medicine · Nursing · Obesity, Physical Activity, Diet · Smoking Behavior and Cessation · Artificial Intelligence