Letter from Executive Director

The American Lung Association recently released its annual state-by-state report on tobacco control laws, and the results weren't pretty for Ohio. Our state took home an ugly report card - two F's and two C's. The Lung Association gave Ohio F's in the smoke-free air and youth access categories. Ohio received C's for tobacco prevention and control spending and for its cigarette tax. Clearly, there is a lot of room for improvement.

In terms of smoke-free air, the Lung Association report measures only statewide laws, which explains why Ohio received an F. However, even though Ohio does not yet have a statewide smoke-free workplace law, several local communities around Ohio, including Columbus, have implemented clean indoor air ordinances during the past year. In addition to the ongoing effort to put a statewide smoke-free law on the ballot this year, local communities are continuing to build momentum towards a smoke-free Ohio. Heath, Granville, and Newark (all in Licking County) began 2006 by starting enforcement of their smoke-free ordinances, and Summit County's county-wide smoke-free law will take effect February 28.

Ohio's failing grade for youth access reflects the fact Ohio's youth access laws are far weaker than the laws of many other states. (Ohio was ranked 45th in this category.) Unlike other states, Ohio has no requirement that tobacco products be placed behind the counter. Such a requirement can help prevent illegal sales and shoplifting of cigarettes. In addition, Ohio requires tobacco retailers to have a retail license, but unlike in other states, there is no procedure by which such a license can be suspended or revoked for repeated sales to minors.

Ohio's grade for tobacco prevention spending was better, but the current legislature should not receive any credit for this grade. In 2005, the legislature diverted all of the Master Settlement Agreement funds (more than $200 million) that had previously been designated for tobacco prevention and control to other purposes. As a result, the Tobacco Use Prevention and Control Foundation was forced to spend into its endowment principal in order to maintain its programming. The Lung Association's report concluded that "Ohio continues a range of comprehensive tobacco control policies and unique programming aimed at reducing tobacco use and addiction, despite the continued raiding of tobacco control funding by the state legislature."

The Lung Association also noted with approval Ohio's increase in the cigarette tax to $1.25 per pack. Higher cigarette taxes have been shown to reduce cigarette consumption, particularly among youth. Ohio received a C because its tax rate is still lower than several other states. For example, Michigan's tax is $2.00 per pack. Ohio also failed to increase the tax on "other tobacco products" such as cigars and smokeless tobacco. As a result, these products are now relatively cheaper and more attractive to youth. This is an oversight the legislature should review and fix.

The Lung Association report should remind the legislature and advocates around Ohio that comprehensive measures are needed in order to continue to reduce the rate of tobacco use in Ohio. At the state level, Ohio's tobacco prevention laws clearly need to be revisited and strengthened. Fortunately, the report also shows that the fixes needed are not difficult. We can easily replicate, and even improve upon, the laws that have been enacted in other states.

The Tobacco Public Policy Center looks forward to working with the General Assembly and local governments around the state to improve and strengthen tobacco prevention laws in 2006. Hopefully, next year's report card will be one Ohio can be proud of.