Model CA Ordinance Regulating Tobacco Sampling



Model California Ordinance

Regulating Tobacco Product Sampling

(with Annotations)

Updated October 2009

(Originally issued August 2007)

Developed by the Technical Assistance Legal Center (TALC),

a project of Public Health Law & Policy.

This material was made possible by funds received from the

California Department of Public Health, under contract #09-11182.

Public Health Law & Policy is a nonprofit organization that provides legal information on matters relating to public health. The legal information provided in this document does not constitute legal advice or legal representation. For legal advice, readers should consult a lawyer in their state.

Introduction

The Technical Assistance Legal Center (TALC) developed this Model Ordinance to help California cities and counties limit the free or low cost distribution of tobacco products, also known as “sampling.”

California law, the Master Settlement Agreement (MSA), and the Smokeless Tobacco Master Settlement Agreement (STMSA) already prohibit the distribution of free tobacco samples in most public places—but there are exceptions for adult-only locations, like bars. Sampling also is permitted at private events that are open to the public, so long as it takes place in a separate area that minors can’t access or see inside (for instance, a tobacco company sampling tent at a rodeo or motor racing event).

The federal Family Smoking Prevention and Tobacco Control Act (the “FDA Law”) contains sampling restrictions that are set to take effect in June 2010. The FDA Law would completely prohibit sampling of cigarettes and other tobacco products except for smokeless tobacco. Sampling of smokeless tobacco would still be allowed in qualifying adult-only facilities, which are specifically defined in the FDA law. (For more information, see TALC’s “FDA Law Notes” fact sheet entitled “Sampling: How Does the FDA Law Affect Local Ordinances in California?” available at tobacco-control.)

Local governments can go further than federal and state law and the MSA/STMSA by completely banning all tobacco sampling at bar nights and other locations, such as sororities and fraternities. However, it is probably not possible to legally ban all of the promotional tactics that take place during industry-sponsored events like bar nights. Some activities, such as conversations industry representatives might have with bar patrons, are likely protected from government regulation under the First Amendment of the U.S. Constitution.

This Model Ordinance offers a variety of options. Communities may choose some or all of the options. In some instances blanks have been left (e.g., [ ____ ] ) for the language to be customized to fit the needs of a specific community. In other cases, the ordinance offers options (e.g., [ option one / option two ] ). Some options are followed by comments describing the legal provisions in more detail. Some degree of customization is always necessary to make an ordinance consistent with a community’s existing laws. Your City Attorney or County Counsel will likely be the best person to accomplish this for you.

If you have questions about how to adapt this ordinance for your community, please contact TALC at (510) 302-3380 or via e-mail: talc@.

AN ORDINANCE OF THE [ CITY / COUNTY ] OF [ ____ ]

AMENDING THE [ ____ ] MUNICIPAL CODE TO REGULATE

TOBACCO PRODUCT SAMPLING

The [ City Council of the City / Board of Supervisors of the County ] of [ ____ ] ordains as follows:

comment: This is introductory boilerplate language that should be adapted to the conventional form used in the jurisdiction.

SECTION I. FINDINGS. The [ City Council of the City / Board of Supervisors of the County ] of [ ____ ] hereby finds and declares as follows:

WHEREAS, California state law prohibits the sale or distribution of free or nominal-cost cigarettes or smokeless tobacco products (or coupons, coupon offers, gift cards, gift certificates, rebate offers and other similar offers for such products) on public grounds and on private grounds that are open to the public;[1] and

WHEREAS, this state law does not apply to:

• locations where minors are prohibited by law (such as bars);

• public grounds leased for a private function where minors are denied access to the private function by a peace officer or licensed security guard;

• private property open to the general public where minors are denied access to a separate sampling area and the sampling area is enclosed so minors cannot see inside; and

• product samples, coupons, or rebate offers in connection with the sale of another item, including tobacco products, lighters, magazines, or newspapers; and

WHEREAS, this state law specifically allows adoption of a local ordinance that is “more restrictive” than the state law and provides that a stricter local ordinance shall govern in the case of any inconsistency between the local ordinance and state law;[2] and

[ WHEREAS, the federal Family Smoking Prevention and Tobacco Control Act (the “FDA law”)[3] prohibits the distribution of free cigarettes and other free tobacco products; and ]

[ WHEREAS, the FDA law contains an exception allowing the distribution of free samples of smokeless tobacco in defined “adult-only facilities,” which are temporary structures that can be located almost anywhere as long as they do not serve alcohol within the structure and a law enforcement officer or licensed security guard ensures that no minors gain access to the facility; and ]

[ WHEREAS, the FDA law does not prohibit the distribution of nominal- or low-cost cigarettes, smokeless tobacco, or other tobacco products, or the distribution of coupons for these products; and ]

[ WHEREAS, the FDA law specifically allows a state or local government to prohibit or otherwise restrict the distribution of free samples of smokeless tobacco;[4] and ]

[ COMMENT: These four “whereas” clauses may be inserted if and when the FDA law’s provisions regarding sampling take effect, currently scheduled for June 2010. At the date this model ordinance was updated, the sampling provisions are part of a federal lawsuit filed by major tobacco companies challenging the FDA law. Contact TALC for more information on this lawsuit. ]

WHEREAS, state law also protects the public from the danger posed by alcohol sample distribution by prohibiting bars and retailers from furnishing or giving away free alcohol samples, premiums, gifts, or free goods (except in very particular, non-sale related circumstances);[5] and

WHEREAS, tobacco use is an addictive, unhealthy, and harmful habit with significant social and economic costs, as evidenced by the following:

• the World Health Organization (WHO) estimates that by 2030, tobacco will account for 8.3 million deaths per year, killing 50% more people in 2015 than HIV/AIDS, and will be responsible for 10% of all deaths worldwide;[6] and

• approximately 438,000 people die in the United States from tobacco-related diseases every year, making it the nation’s leading cause of preventable death;[7] and

• secondhand smoke is responsible for an estimated 38,000 deaths among non-smokers

each year in the United States, which includes 3,000 lung cancer deaths and 35,000

deaths due to heart disease;[8] and

• tobacco use costs more than $75 billion per year in medical expenditures nationally, and another $92 billion per year resulting from lost productivity;[9] and

• medical care costs in the United States just for nonsmokers suffering from diseases caused by secondhand smoke totaled $2.6 billion in 2004, and costs for medical care and economic losses combined are estimated at $6 billion per year;[10] and

• scientific studies have concluded that cigarette smoking can cause chronic lung disease, coronary heart disease, and stroke, in addition to cancer of the lungs, larynx, esophagus, mouth, and bladder;[11] and

• smokeless tobacco products and cigars are known to cause lung, larynx, esophageal, and oral cancer;[12] and

• a smokeless tobacco user’s risk of developing oral cancer is several times greater than a non-user’s risk, and the risk of developing cancer of the cheek or gums is 50 times greater;[13] and

• smoking a single cigarette makes nicotine addiction more likely to occur several years after the initial use;[14] and

WHEREAS, combining tobacco products with alcohol consumption increases the likelihood of developing oral cancer,[15] and has been shown to dramatically increase the addictive power of nicotine among younger smokers;[16] and

WHEREAS, tobacco use is particularly prevalent among young adults and young adulthood is a time when many people begin to smoke, as evidenced by the following:

• a California survey identified young adults (aged 18-24 years) as having the highest smoking prevalence of any age group, at 18% in the year 2005;[17] and

• a 2002 study reported that 70% of college students smoke socially, noting that it is possible that social smoking may transition into regular smoking behavior;[18] and

• the college years (ages 18-24) are a time of transition in smoking behavior, during which many college students begin to experiment with a range of tobacco products[19] and a significant portion of occasional smokers make the transition to habitual smoking;[20] and

• college students are subject to unique stress levels due to a variety of factors, including peer pressure, close living quarters, and living away from home for the first time, making them likely to begin smoking at college in response to stress;[21] and

Whereas, tobacco companies distribute free samples for the purpose of luring young adult tobacco users, as evidenced by the following:

• 18-24 year olds have been specifically targeted by tobacco industry marketing as the youngest group of legal smokers;[22] and

• after the 1998 Master Settlement Agreement (MSA) with the states, tobacco companies increased marketing aimed at college students by sponsoring events at college bars and providing free samples to college students;[23] and

• the distribution of free samples at promotional events in bars and fraternities has become an integral part of a marketing strategy designed to initiate young adult tobacco users;[24] and

• a 2001 study showed that the tobacco industry sponsored social events at 99% of the college campuses surveyed;[25] and

• that same study showed that among students who were not smokers at age 19, those who had attended tobacco industry promotional events were twice as likely to become smokers;[26] and

• according to the 2002 California Tobacco Survey, 36.5% of adults age 18-29 reported seeing tobacco company logos on giveaway items at bars, while 15.4% reported seeing tobacco company representatives distributing free tobacco samples;[27] and

• tobacco promotional events encourage tobacco use among college students by linking the enjoyable aspects of a bar environment with a tobacco brand name;[28] and

• tobacco company documents demonstrate that bar promotions are highly effective at increasing sales due in part to resulting brand switching, smoking uptake, or relapse by former smokers;[29] and

• past research has shown that sampling in bar environments has the ability to significantly increase awareness, trial, and purchase of tobacco products by young adults;[30] and

• the vast majority of free samples distributed by tobacco companies are kept with the intention of using, whether by the recipient or a friend or family member of the recipient;[31] and

• young adults are significantly more likely to be willing to use tobacco promotional items than adults over 25 years old;[32] and

WHEREAS, the young adult population is especially vulnerable to tobacco sample distribution, as evidenced by the following:

• tobacco companies sponsored 416 promotional events in California in 2003, 332 of which were held at bars;[33] [ at these events, free samples of tobacco products were distributed; ] and

• tobacco companies sponsored 40 fraternity events in California in 2003;[34] [ at these events, free samples of tobacco products were distributed; ] and

• studies indicate that belonging to a fraternity or sorority increases a college students chance of smoking by 30% for male students and by 50% for female students;[35] and

• during at least 44 tobacco industry-sponsored events in California during 2003, product distribution violated state law and/or the terms of the Master Settlement Agreement;[36] and

• despite the MSA’s prohibition on marketing to underage youth, half of all age groups in a 2002 study reported seeing cigarette advertisements at special events, concerts, bars, or clubs;[37] and

• five percent of the 12-17 year olds in the same 2002 study reported having been present at a bar, nightclub, or concert where free samples of cigarettes were available and one in five of the youth present at these events were actually offered free cigarettes;[38] and

• of the youth that were exposed to free tobacco samples in the same study, 45% were exposed at concerts for popular groups, which have no age restrictions;[39] and

• in [year], the tobacco industry sponsored [ ____ ] events in the [ City / County ] of [ ____ ]; and

NOW THEREFORE, it is the intent of the [ City Council / Board of Supervisors ], in enacting this ordinance, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of tobacco use, especially by children and current non-users; by prohibiting the distribution of free and low cost tobacco products in order to limit the ability of tobacco companies to make their addictive, unhealthy, and harmful products freely available to adults and particularly young adults; and by reducing the potential for children to wrongly associate smoking and tobacco with a healthy lifestyle.

SECTION II. [ Article / Section ] of the [ ____ ] Municipal Code is hereby amended to read as follows:

Sec. [ ____ (*1) ]. DEFINITIONS. For the purposes of this [ article / chapter ] the following definitions shall govern unless the context clearly requires otherwise:

(a) “Coupon” means anything that can be exchanged for or used to acquire a Tobacco Product for free or for Nominal Cost, such as a printed piece of paper, voucher, ticket, rebate, rebate offer, check, credit, token, gift certificate, code, password, or anything labeled “coupon” or “coupon offer.”

(b) “Nominal Cost” means the cost of any item that is transferred from one person to another for less than the total of: (1) [ twenty-five percent (25%) ] of the full retail value of the item exclusive of taxes and fees; plus (2) all taxes and fees previously paid and all taxes and fees still due on the item at the time of transfer.

comment: “Nominal cost” is used in the definition of “nonsale distribution” below and this definition provides a bright-line rule as to what price is so low as to be prohibited by this ordinance.

NOTE: The value listed, 25%, is subject to change. If a city or county wishes to prohibit “two for one” offers, the value can be raised to 50%. A higher value (e.g., 50%) essentially adds a simplistic “minimum price” component to the ordinance. Some communities may wish to take advantage of this additional curb on the availability of cheap or discounted tobacco. However, to the extent that common retail practices are affected, additional political resistance to the ordinance may be created.

In addition, restricting “two for one” and similar discount offers may increase the likelihood that the ordinance will be challenged as violating the First Amendment, which offers some protection to commercial speech. By keeping the nominal cost percentage relatively low, it is clear that the ordinance is aimed at preventing the distribution of free, or nearly free, tobacco. If your community would like to institute a simplistic “minimum price” component, please consult TALC for further discussion of the legal issues involved.

(c) “Nonsale Distribution” means to give, within the jurisdictional limits of the [ city / county ], a Tobacco Product or Coupon at no cost or at Nominal Cost to a Person who is not a Tobacco Seller.

comment: This is a broad definition that is intended to capture every conceivable method of facilitating no or low cost tobacco sampling.

NOTE: California’s sampling law contains an additional provision that exempts certain common coupon and rebate offers: “Distribution of tobacco products, coupons, coupon offers, gift certificates, gift cards, or other similar offers, or rebate offers in connection with the sale of another item, including tobacco products, cigarette lighters, magazines, or newspapers shall not constitute nonsale distribution.” (California Health and Safety Code section 118950.)

The state provision, which expressly does not preempt local legislation, contains two elements in a single sentence: the first exempts common retailer practices regarding coupons and rebates with the sale of non-speech related products (e.g., a pack of cigarettes); and the second exempts coupons and rebates that are distributed in conjunction with “speech related” products (i.e., newspapers or other publications). Including the first exemption is a political compromise, but not a legal requirement. This first exemption has been omitted from this ordinance but can be inserted if a similar local political compromise is necessary. The second exemption is based on practicality and perhaps free speech concerns. This “publication” exemption is included in the operative language of section *2(b) below. Note that in both cases, the exemption only applies when the item with which the tobacco product or coupon is distributed is sold for value, and does not apply when the accompanying item is given away for free.

(d) “Person” means any natural person, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

comment: The Municipal Code likely contains a definition of “person” and, if so, the definition provided here can be omitted.

[ (e) “Public Place” means any place within the jurisdictional limits of the [ city / county ], public or private, that is open to the general public regardless of any fee or age requirement, including, for example, bars, restaurants, clubs, stores, stadiums, parks, playgrounds, taxis, and buses; [ and includes any place used by a membership association or club at which non-member guests are present or permitted, including, for example, fraternity and sorority houses ] . ]

comment: This entire provision is optional and, if added, can be used to limit the scope of the ordinance by including the phrase “in any Public Place” in section *2(a) below. Without this provision, all nonsale distributions with a business purpose, even if on private property not open to the public, will be restricted (e.g., private parties such as raves). Note that nonsale distributions that are not for a business purpose, such as friends giving friends cigarettes, are not prohibited by this ordinance. (See Section *2(b).)

If a “public place” limitation is desired, then a further choice must be made whether or not to regulate membership organizations. To regulate membership organizations, include the phrase that is double underlined above. However, if membership organizations are to be excluded from coverage, omit that language. Note that membership organizations are covered if the “public place” limitation is not imposed (i.e., no part of this definition is included).

(f) “Tobacco Product” means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product approved by the United States Food and Drug Administration for use as a medical treatment to reduce and eliminate nicotine or tobacco dependence.

comment: This definition is written broadly to include non-traditional tobacco and nicotine products such as nicotine water and nicotine lollipops, but without interfering with the FDA’s mission of approving products intended to benefit public health, such as nicotine patches and other nicotine cessation products.

(g) “Tobacco Seller” means any Person who sells, distributes with an economic or a business purpose, offers for sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products, or Tobacco Paraphernalia. This definition is without regard to the quantity of tobacco, Tobacco Products, or Tobacco Paraphernalia sold, distributed, offered for sale, exchanged, or offered for exchange.

Sec. [ ____ (*2) ]. PROHIBITION OF NONSALE DISTRIBUTION OF TOBACCO PRODUCTS.

(a) No Tobacco Seller nor any agent or employee of a Tobacco Seller shall engage in the Nonsale Distribution of any Tobacco Product or Coupon [ in any Public Place ].

comment: If a compromise is necessary, the prohibition on sampling can be limited to Public Places. If such language is included, the optional “Public Place” definition noted in the Definitions section must also be included.

(b) No Person, motivated by an economic or a business purpose, shall knowingly permit the Nonsale Distribution of any Tobacco Product or Coupon: (1) anywhere [ in any Public Place ] under the legal or de facto control of the Person; or (2) through any agent or employee of the Person. This provision shall not apply to Coupons incidentally distributed in connection with a printed or electronic publication, such as, for example, magazines, newspapers, and websites, so long as that Person’s distribution of a publication containing Coupons is not primarily motivated by an economic or a business purpose to distribute Coupons.

comment: This provision holds premises owners (e.g., bar owners) accountable for permitting tobacco sampling on the premises. For example, it makes clear that a bar owner cannot simply “look the other way” when tobacco representatives distribute samples in the bar. However, the second sentence insulates a business owner from liability if incidental coupons or rebates are found inside a publication. For example, a news stand owner will not be liable for a coupon offer found inside a magazine he is selling.

If a “Public Place” compromise is adopted in subsection (a) above, then it should also be included here. (See the comment under the “Public Place” definition for further discussion.)

[ (c) No Tobacco Seller, agent or employee of a Tobacco Seller, or other Person shall redeem a Coupon within the [ City / County ] of [ ____ ].

COMMENT: This provision is optional and, if incorporated, would prohibit the redemption of any coupon within the city or county, regardless of where the coupon was obtained. Even if this provision is not included, this ordinance would still prohibit the distribution of coupons within the city/county. ]

Sec. [ ____ (*3) ]. ENFORCEMENT.

(a) The remedies provided by this [ article / chapter ] are cumulative and in addition to any other remedies available at law or in equity.

comment: The following provisions are designed to offer a variety of options to the drafter and to the enforcing agency. Drafters may choose to include some or all of these options. Once the ordinance is enacted, the enforcing agency will have the discretion to choose which enforcement tools to use. As a practical matter, these enforcement options would not be applied simultaneously, although multiple remedies might be used against a particularly egregious violator over time.

(b) Each violation of this [ article / chapter ] constitutes a misdemeanor punishable as provided in section [ ____ ] of this Code or may, in the discretion of the [ City Prosecutor / District Attorney ], be prosecuted as an infraction if the interests of justice so require.

comment: This provision, sometimes called a “wobbler,” gives the prosecuting attorney discretion on whether to pursue

other types of violations as infractions or misdemeanors. Misdemeanors are more serious crimes for which a jury trial is available to defendants.

(c) Enforcement of this [ article / chapter ] shall be the responsibility of [ ____ ]. In addition, any peace officer, code enforcement official or other person designated by the City Manager also may enforce this chapter.

comment: This provision designates a primary enforcement agency, which is recommended, but remains flexible by permitting any enforcement agency to enforce the law.

(d) Violations of this [ article / chapter ] are subject to a civil action brought by the

[ City / County of ____ ], punishable by a civil fine not less than [ two hundred fifty dollars ($250) ] and not exceeding [ one thousand dollars ($1,000) ] per violation.

comment: This provision provides civil fines for violating the ordinance. It requires that a traditional civil suit be filed by the city or county (possibly in small claims court). The fine amounts can be adjusted but cannot exceed $1,000 per violation. See California Government Code section 36901.

(e) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this [ article / chapter ] shall also constitute a violation of this [ article / chapter ].

comment: This is standard language that is typically included in a city or county code and may be omitted if duplicative of existing code provisions.

(f) Any violation of this [ article / chapter ] is hereby declared to be a nuisance.

comment: By expressly declaring that a violation of this ordinance is a nuisance, this provision allows enforcement of the ordinance by the city or county via the administrative nuisance abatement procedures commonly found in municipal codes.

Note that this declaration merely says that violating the ordinance qualifies as a nuisance. It is not the same thing as a local ordinance declaring secondhand smoke or tobacco use to be a nuisance. Please contact TALC for more information on how a local ordinance can declare that all nonconsensual exposure to secondhand is a nuisance.

(g) In addition to other remedies provided by this [ article / chapter ] or by other law, any violation of this [ article / chapter ] may be remedied by a civil action brought by the [ City Attorney / County Counsel ], including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.

comment: It is common to provide that the local government’s lawyers may go to court to seek injunctions and other penalties in addition to fines. The express provision for injunctive relief lowers the showing required to obtain a preliminary or permanent injunction as described in IT Corp. v. County of Imperial, 35 Cal. 3d 63 (1983).

A public agency should think carefully about the nuisance abatement procedure it chooses in enforcing this ordinance after it is adopted. A local government may provide for treble damages for the second or subsequent nuisance abatement judgment within a two-year period, as long as the ordinance is enacted pursuant to Government Code section 38773.5. Treble damages are not available, however, under the alternative nuisance abatement procedures in Government Code section 38773.1 and Health & Safety Code section 17980. Government Code section 38773.7 (authorizing treble damages) establishes a procedure for nuisance abatement where the cost of the abatement can be collected via the property tax roll as a special assessment against the property on which the violation occurs.

(h) Any Person acting in the interests of: (1) himself, herself, or itself; (2) its members; or (3) the general public may bring a civil action to enjoin a violation of this [ article / chapter ].

comment: This provision enables private citizens to go to court to seek compliance with the ordinance through an injunction (a court order to do or not do something). However, the citizen must hire an attorney and must file the lawsuit in regular superior court, not the small claims division of superior court.

(g) In addition to any other remedies provided by this [ article / chapter ], any violation of this [ article / chapter ] is subject to the enforcement procedures set forth in Chapter [______] of the [ City / County ] Municipal Code, relating to Administrative Citations.

COMMENT: If your municipal code already contains an administrative citation procedure, you can include this provision to incorporate the administrative citation procedure by reference to allow violations to be enforced through administrative citations. If your community does not have an active administrative citation procedure and/or you do not want to enforce the ordinance in this way, do not include this provision.

SECTION III. STATUTORY CONSTRUCTION & SEVERABILITY. This [ article / chapter ] shall be construed so as not to conflict with applicable federal or state laws, rules, or regulations. Nothing in this [ article / chapter ] authorizes any [ City / County ] agency to impose any duties or obligations in conflict with limitations on municipal authority established by federal or state law at the time such agency action is taken.

In the event that a court or agency of competent jurisdiction holds that a federal or state law, rule, or regulation invalidates any clause, sentence, paragraph or section of this [ article / chapter ] or the application thereof to any person or circumstances, it is the intent of the [ City Council / Board of Supervisors ] that the court or agency sever such clause, sentence, paragraph, or section so that the remainder of this [ article / chapter ] remains in effect.

comment: This is standard language. Often this “boilerplate” is found at the end of an ordinance but its location is irrelevant.

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[1] Cal. Health & Safety Code § 118950 (2008).

[2] Cal. Health & Safety Code § 118950 (2008).

[3]Family Smoking Prevention and Tobacco Control Act of 2009, Pub. L. No. 111-31, § 102, 123 Stat. 1776 (codified as amended in scattered sections of 5 U.S.C., 15 U.S.C., and 21 U.S.C.); 21 U.S.C.A. § 387a-1 (2009).

[4] 21 U.S.C.A. §§ 387a-1(a)(2)(G), 387p(a)(1) (2009).

[5] Cal. Bus. & Prof. Code §§ 23386, 25600 (2008); Cal. Code Regs. Tit. 4, §§ 52, 106 (2009).

[6] World Health Organization, Statistical Information System. World Health Statistics 2007, Part 1: Ten Statistical Highlights in Global Public Health. 2007, p. 12. Available at: who.int/whosis/whostat2007_10highlights.pdf.

[7] US Department of Health and Human Services, Centers for Disease Control and Prevention. Morbidity and Mortality Weekly Report: Annual Smoking - Attributable Mortality, Years of Potential Life Lost, and Productivity Losses - United States 1997-2001. 2005, 54(25): p. 625-628. Available at: mmwr/preview/mmwrhtml/mm5425a1.htm.

[8] National Cancer Institute. NCI Health Information Tip Sheet for Writers: Secondhand smoke. Available at:

newscenter/tip-sheet-secondhand-smoke.

[9] US Department of Health and Human Services, Centers for Disease Control and Prevention. Targeting Tobacco Use: The Nation’s Leading Cause of Preventable Death. 2007, p. 2. Available at: tobacco/basic_information/00_pdfs/AAGTobacco2007.pdf.

[10] American Academy of Actuaries. Costs Associated With Secondhand Smoke. October 2006. Available at: pdf/health/smoking_oct06.pdf.

[11] US Department of Health and Human Services, Centers for Disease Control and Prevention. Tobacco Use and the Health of Young People. May 2006, p. 1. Available at: HealthyYouth/tobacco/facts.htm

[12] US Department of Health and Human Services, Centers for Disease Control and Prevention. Targeting Tobacco Use: The Nation’s Leading Cause of Preventable Death. 2007, p. 2. Available at: tobacco/basic_information/00_pdfs/AAGTobacco2007.pdf .

[13] American Cancer Society. Tobacco and Cancer. 2007. Available at: downloads/PRO/Tobacco.pdf.

[14] Fidler JA, Wardle J, Henning Broderson N, et al. “Vulnerability to Smoking After Trying a Single Cigarette Can Lie Dormant for Three Years or More.” Tobacco Control, 15: 205-209, 2006.

[15] Oral Cancer Foundation. Alcohol and Tobacco. Available at: facts/alcohol_tobacco.htm.

[16] Gilpin E, White V, Pierce J, et al. “How Effective are Tobacco Industry Bar and Club Marketing Efforts in Reaching Young Adults?” Tobacco Control, 14: 186-192, 2005. Available at: repositories.cgi/viewcontent.cgi?article=3566&context=postprints.

[17] California Department of Health Services, Tobacco Control Section. 18 – 24 Year Old Smoking Prevalence. 2006, p. 1. Available at: ww2.cdph.programs/tobacco/Documents/CTCP18-24YrOld06.pdf. In comparison, 13.5% of adults over the age of 25 smoked in 2005.

[18] Waters K, Harris K, Hall S, et al. “Characteristics of Social Smoking Among College Students.” Journal of American College Health, 55(3): 133-139, 2006.

[19] Rigotti N, Lee J and Wechsler H. “U.S. College Students Use of Tobacco Products - Results of a National Survey.” The Journal of the American Medical Association, 284(6): 699-705, 2000.

[20] Lantz P. “Smoking on The Rise Among Young Adults: Implications for Research and Policy.” Tobacco Control, 12: i60-70, 2003.

[21] Wechsler H, Kelley K, Seibring M, et al. “College Smoking Policies & Cessation Programs: Results of a Survey of College Health Center Directors.” Journal of American College Health, 49(5): 205-12, 2001; Lantz P. “Smoking on The Rise Among Young Adults: Implications for Research and Policy.” Tobacco Control, 12: i60-70, 2003.

[22] Campaign for Tobacco-Free Kids. Tobacco Company Marketing to College Students Since the Multistate Settlement Agreement was Signed. 2001. Available at: research/factsheets/pdf/0135.pdf.

[23] Campaign for Tobacco-Free Kids. Tobacco Company Marketing to College Students Since the Multistate Settlement Agreement was Signed. 2001. Available at: research/factsheets/pdf/0135.pdf; Sepe E, Ling P and Glantz S. “Smooth Moves: Bar and Nightclub Tobacco Promotions that Target Young Adults.” American Journal of Public Health, 92(3): 414-419, 2002. Available at: cgi/reprint/92/3/414.pdf.

[24] Sepe E, Ling P and Glantz S. “Smooth Moves: Bar and Nightclub Tobacco Promotions that Target Young Adults.” American Journal of Public Health, 92(3): 414-419, 2002. Available at: cgi/reprint/92/3/414.pdf.

[25] Rigotti N, Moran S and Wechsler H. “U.S. College Students Exposure to Tobacco Promotions: Prevalence and Association With Tobacco Use.” American Journal of Public Health, 94(12): 1-7, 2004. Available at: hsph.harvard.edu/cas/Documents/tobacco/Rigotti.pdf.

[26] Rigotti N, Moran S and Wechsler H. “U.S. College Students Exposure to Tobacco Promotions: Prevalence and Association With Tobacco Use.” American Journal of Public Health, 94(12): 1-7, 2004. Available at: hsph.harvard.edu/cas/Documents/tobacco/Rigotti.pdf.

[27] Gilpin E, White V, Pierce J, et al. “How Effective are Tobacco Industry Bar and Club Marketing Efforts in Reaching Young Adults?” Tobacco Control, 14: 186-192, 2005. Available at: repositories.cgi/viewcontent.cgi?article=3566&context=postprints.

[28] Katz S and Lavack A. “Tobacco Related Bar Promotions: Insights from Tobacco Industry Documents.” Tobacco Control, 11: i92-i101, 2002. Available at: tobaccocontrol.cgi/reprint/11/suppl_1/i92?maxtoshow=&HITS=10&hits=10&RESULTFORMAT=&andorexactfulltext=and&searchid=1&FIRSTINDEX=0&sortspec=relevance&volume=11&firstpage=92&resourcetype=HWCIT.

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