How does your state compare?
|Federal Regulation of Tobacco Products||Federal Cessation Coverage||Federal Tobacco Taxes||Federal Mass Media Campaigns||Federal Minimum Age|
|Federal Regulation of Tobacco Products||C|
|Federal Cessation Coverage||D|
|Federal Tobacco Taxes||F|
|Federal Mass Media Campaigns||A|
|Federal Minimum Age||I*|
The American Lung Association has identified five key actions for the Biden administration and Congress to take in 2023 that will help ultimately eliminate the death and disease caused by tobacco use:
- The Biden administration must swiftly finalize the two rules that will remove all menthol cigarettes and flavored cigars from the marketplace.
- The Food and Drug Administration (FDA) must finalize its review of all premarket tobacco product.
- The FDA and Department of Justice must act to remove all illegal tobacco products from the marketplace.
- Congress must increase federal funding for the Centers for Disease Control and Prevention (CDC)’s Office on Smoking and Health to ensure adequate and culturally appropriate cessation resources for individuals who smoke menthol cigarettes, to further strengthen its “Tips from Former Smokers” Campaign and to help states combat the youth e-cigarette epidemic.
- Congress must pass the “Resources to Prevent Youth Vaping Act” to increase user fee funding for the FDA’s Center for Tobacco Products and make e-cigarette manufacturers pay their fair share.
Federal Regulation of Tobacco Products
|Implementation of Rule Asserting Authority over All Tobacco Products:||Rule partially implemented|
|Graphic Cigarette Warning Labels:||Warning labels finalized, but not in effect*|
|Product Standards, including Flavored Tobacco Products:||Product standards to end the sale of menthol cigarettes and flavored cigars proposed|
|Funding for FDA Center for Tobacco Products:||Full funding without policy riders|
* FDA has finalized graphic warning labels for cigarettes; in December 2022 a federal judge in Texas vacated the rule.
Thumbs down for the federal government for not yet restoring protections against “junk” insurance plans that do not provide comprehensive tobacco cessation coverage.
Federal Cessation Coverage
|Medicaid Coverage:||Partially Required|
|Medicare Coverage:||Partially Covered|
|Federal Employee Health Benefits Coverage:||Covered|
|State Health Insurance Exchanges:||Partially Required|
Federal Tobacco Taxes
|Tax rate per pack of 20:||$1.01|
|Other Tobacco Product Taxes:|
|Little Cigars:||Equalized: Yes; Weight-Based: Yes|
|Large Cigars:||Equalized: No; Weight-Based: No|
|Smokeless Tobacco:||Equalized: No; Weight-Based: Yes|
|Pipe/RYO Tobacco:||Equalized: No; Weight-Based: Yes|
|E-Cigarettes:||Equalized: N/A; Weight-Based: N/A|
Federal Mass Media Campaigns
|Tips from Former Smokers Media Campaign:|
|Promotion of Services:||Meets Target|
|FDA "Real Costs" Media Campaign:|
|Promotion of Services:||Under Target|
Federal Minimum Age
|Minimum Age of Sale for Tobacco Products:||21|
*The federal government gets an “I” for Incomplete because FDA has not issued implementing regulations that were required by statute to be issued by June 17, 2020.