Did your state make the grade?
|Federal Regulation of Tobacco Products||Cessation Coverage||Tobacco Taxes||Mass Media Campaigns||Federal Minimum Age|
|Federal Regulation of Tobacco Products||D|
|Mass Media Campaigns||A|
|Federal Minimum Age||I*|
The American Lung Association has identified four key actions for the Biden Administration and Congress to take in 2022 that will help ultimately eliminate the death and disease caused by tobacco use:
- FDA must adhere to the Tobacco Control Act and reject product marketing applications (PMTAs) for any product that fails to prove it is appropriate for the protection of the public health, including all flavored products;
- The Biden Administration must propose and finalize rules that will remove all menthol cigarettes and flavored cigars from the marketplace;
- Congress must increase federal funding for the Centers for Disease Control and Prevention (CDC)’s Office on Smoking and Health to help states combat the youth e-cigarette epidemic and to further strengthen its “Tips from Former Smokers” Campaign; and
- The U.S. Department of Health and Human Services (HHS) must clarify and ensure that most health plans, including state Medicaid expansion plans, cover a comprehensive tobacco cessation benefit without barriers and cost-sharing: and Congress must pass the “Quit Because of COVID-19” Act.
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:||No product standard proposed or finalized|
|Funding for FDA Center for Tobacco Products:||Operating on continuing resolution until February 2022|
* FDA has finalized graphic warning labels for cigarettes, due to a federal court order the effective date for the rule is January 9. 2023.
|Medicaid Coverage:||Partially Required|
|Medicare Coverage:||Partially Covered|
|Federal Employee Health Benefits Coverage:||Covered|
|State Health Insurance Exchanges:||Partially Required|
Thumbs down for the federal government for undermining healthcare access to comprehensive tobacco cessation coverage.
|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|
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.