UICC GLOBALink Presents...
The Tobacco Reference Guide
by David Moyer, MD.


Chapter 32 Political issues

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Political issues: State and local governments

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The so-called preemption clause of the Cigarette Smoking Act of 1969 prohibits

states from regulating cigarette advertising because the federally legislated restriction

"preempts" state action.

Journal of Health Politics, Policy and Law, Fall 1986, p. 386

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Preemption bills sponsored by the tobacco industry that prohibit local governments of

the ability to regulate tobacco have been introduced in almost every state legislature,

and about 15 states have enacted such ordinances. Some of the bills began as

tobacco control measures that the industry and legislators transformed into a

pro-tobacco trojan horse. In addition, 25 states have enacted so-called "Smokers'

rights laws" which prohibit employment discrimination against smokers.

Tobacco Industry Strategies, p. 26, and Tobacco Control 2:132, 1993

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In 1992, Governors Bill Clinton of Arkansas, Douglas Wilder of Virginia, and Lawton

Chiles of Florida all vetoed so-called "smokers' rights" bills that would bring smokers

under the same umbrella that protects people from discrimination in employment and

housing. Gov. Chiles stated: "We should not trivialize people's fundamental civil rights

with an unnecessary new class of 'smokers'."

American Medical News, July 20, 1992

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New Jersey in 1991 with the strong support of the American Civil Liberties Union

passed a smokers' rights bill that makes it illegal for an employer to make hiring or

firing decisions on the basis of smoking status. In other states, the tobacco lobby has

introduced and passed weak statewide no-smoking laws that contain clauses

specifically pre-empting stronger city and county laws.

American Medical News, October 19, 1992

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Monday, July 24, 2000 Page 73 of 84

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