The States are the Incubators for Tobacco Legislation

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    Like the advocacy for raising the minimum age for tobacco purchases from 18 to 21 in the U.S. Food and Drug Administration’s final ruling that deemed products beyond cigarettes and smokeless to fall under the agency’s domain, it only takes the power of suggestion for such notions to become living pieces of legislation in the world of tobacco control. One legislator reads that banning smoking in tobacco shops passed in one community, and it becomes an introduced ordinance in another.

    The other tactic being attempted throughout the nation is casting tobacco associated questions to a referendum. Oregon and St. Charles, Missouri are current battlegrounds in this regard. You see, when the opposition can’t get their way through the legislative process, they advocate “Let the People Decide!” Such measures are expensive, and difficult to defeat.

    I call it “the Bloomberg Syndrome,” named for former New York City Mayor Michael Bloomberg, who has dedicated a piece of his fortune to advancing tobacco control. The anti-tobacco political playbook spreads based upon the “agenda of the year,” with attempts at demonizing certain products by use of questionable science or manipulated polling data.
    Such legislation also includes mandates on packaging that don’t differentiate between types of cigars, efforts to control the number of cigars in a package and imposition of floor stocks taxes, and increases in licensure fees. Still others seek to restrict smoking to freestanding buildings, regulate smoking in gaming facilities and create new zoning laws that restrict where tobacco retail establishments can be located—all of which place additional burdens on local law enforcement.

    As in past years, patrons need to let their voices be heard. In the case of Cigar Rights of America, we will keep a weekly posting of legislation impacting the retail, production or enjoyment of premium handmade cigars, from capital to capital. Petitions and calling campaigns will be made available, as will legislative testimony, citizens’ advocacy strategies, coalition building, and visits and communications with legislators. Other groups and organizations will be doing the same to protect interests across the spectrum.
    The theme around our message needs to be that there are indeed higher priorities. Protecting Main Street America small businesses, which are predominately family owned and, in many cases, passed down from generation to generation.

    As of this writing, already significant legislation has been introduced not only in Indiana but also New Jersey, New Mexico, Nebraska, Kentucky and Florida. When I first started in this arena I used to tell local retailers, “Politics are now in our job description.” It’s as true today as it was over a decade ago.

    Contributed by J. Glynn Loope, the executive director of Cigar Rights of America

    This story first appeared in the March/April 2018 issue of Tobacco Business magazine. Members of the tobacco industry are eligible for a complimentary subscription to our magazine. Click here for details.