Legal Access To Tobacco Products
Legal Access To Tobacco Products
Legal Access To Tobacco Products
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Richard J. Bonnie, Kathleen Stratton, and Leslie Y. Kwan, Editors;
978-0-309-31624-8 Committee on the Public Health Implications of Raising the Minimum Age
for Purchasing Tobacco Products; Board on Population Health and Public
360 pages Health Practice; Institute of Medicine
6x9
PAPERBACK (2015)
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Consultants
THEODORE R. HOLFORD, Susan Dwight Bliss Professor of Public
Health (Biostatistics) and Professor of Statistics, Yale School of
Medicine, Yale University
DAVID T. LEVY, Professor, Lombardi Comprehensive Cancer Center,
Georgetown University Medical Center
MARIA RODITIS, Postdoctoral Research Fellow, Adolescent Medicine,
Division of Adolescent Medicine, Department of Pediatrics, Stanford
University
IOM Staff
KATHLEEN STRATTON, Study Director
LESLIE Y. KWAN, Research Associate
BETTINA RITTER, Research Assistant
ANNA MARTIN, Senior Program Assistant
DORIS ROMERO, Financial Associate
ROSE MARIE MARTINEZ, Senior Board Director, Board on Population
Health and Public Health Practice
vi
Reviewers
T
his report has been reviewed in draft form by individuals chosen for
their diverse perspectives and technical expertise, in accordance with
procedures approved by the National Research Council’s Report
Review Committee. The purpose of this independent review is to provide
candid and critical comments that will assist the institution in making its
published report as sound as possible and to ensure that the report meets
institutional standards for objectivity, evidence, and responsiveness to the
study charge. The review comments and draft manuscript remain confiden-
tial to protect the integrity of the deliberative process. We wish to thank the
following individuals for their review of this report:
vii
viii REVIEWERS
Preface
T
he Surgeon General’s clarion call in 1964 for “appropriate remedial
action” to address the hazards of smoking is often credited with hav-
ing launched the nation’s public health campaign against cigarettes.
Effective federal action was impeded for more than three decades by a sym-
bolic congressional action in 1965 mandating weak package warnings and
then by the regressive decision by Congress in 1969 to preempt the states
from regulating tobacco advertising “based on smoking and health.” The
1969 legislation also banned tobacco advertising on television and thereby
erased the country’s first major tobacco control initiative—the hugely sig-
nificant ruling by the Federal Communications Commission that broadcast-
ers who aired tobacco advertisements were required by the agency’s fairness
doctrine to make time available for antismoking messages.
Attention then shifted to the states, largely driven by a grassroots
movement for public smoking restrictions. The campaign was given major
boosts by an important Surgeon General report emphasizing the addictive
properties of nicotine (1988) and an Environmental Protection Agency re-
port on the environmental hazards of tobacco smoke (1992). Another key
building block of contemporary tobacco control was the initiative aiming to
reduce youth smoking spearheaded by Congressman Mike Synar in 1992.
The Synar Amendment requires states to enact and enforce youth access
restrictions or else forfeit 40 percent of their block grants for substance
abuse prevention and treatment. Within 2 years, the Synar Amendment was
followed by two major reports by the Surgeon General and by the Institute
of Medicine (IOM) on preventing the onset of nicotine addiction in adoles-
cents and by a rhetorically and politically important initiative by Food and
ix
x PREFACE
PREFACE xi
Acknowledgments
T
he committee would like to express its sincere gratitude to the many
people who contributed time and expertise in the development of
this report. The work would not have been possible without the
support of our sponsor, the Center for Tobacco Products of the Food and
Drug Administration.
The committee would also like to acknowledge several consultants who
contributed to this study. First and foremost, the committee extends its
immense gratitude to Theodore R. Holford (Yale University) and David T.
Levy (Georgetown University Medical Center), whose development, knowl-
edge, and application of the Yale Lung Cancer/Cancer Intervention and
Surveillance Modeling Network and SimSmoke models were integral to the
deliberations of the committee and contributed significantly to the quality
of the report. We thank them for their patience, expertise, and many hours
of hard work. The committee is also grateful to Maria Roditis (Stanford
University), who provided consultation and editorial support on draft ma-
terials on adolescent and young adult development, and Robert Pool for
his assistance in editing the report.
Many individuals volunteered significant time and effort to address and
educate the committee during our information-gathering meetings (see Ap-
pendix E for the names of these speakers). We are grateful to each of them
for sharing their expertise and responding to our questions. The committee
would like to add special thanks to Neal Benowitz (University of California,
San Francisco) for his additional consultation and technical review of mate-
rial on developmental neurobiology and neurological response to nicotine.
The committee also expresses its deep appreciation to the staff of the
xiii
xiv ACKNOWLEDGMENTS
Institute of Medicine and the National Academies for their invaluable as-
sistance on this study. We thank the National Academies Research Center
staff for their diligent help with research and references. We are grateful for
the leadership of Rose Marie Martinez, senior board director of the Board
on Population Health and Public Health Practice, and for the energetic and
resourceful contributions of research associate Leslie Kwan, research assis-
tant Bettina Ritter, and senior program assistant Anna Martin. Finally, we
extend special thanks to study director Kathleen Stratton, whose wisdom
and guidance throughout the study process were indispensable.
Contents
SUMMARY 1
Statement of Task, 1
Interpreting the Statement of Task, 2
Adolescent and Young Adult Developmental Trajectories and
Patterns of Tobacco Use, 3
Current Practices Regarding Youth Access Restrictions, 3
Effects of Raising the MLA on Tobacco Use, 4
Adolescents Less Than 18 Years of Age, 5
Young Adults 18 to 20 Years of Age, 7
Young Adults 21 to 24 Years of Age, 7
Health Effects of Raising the MLA, 8
Considerations for Policy Makers, 10
References, 12
1 INTRODUCTION 15
Tobacco Use in Adolescents and Young Adults, 16
High-Risk Populations, 17
Brief History of Tobacco Control, 17
Statement of Task, 19
Interpreting the Statement of Task, 22
Use of Models in This Report, 23
Outline of the Report, 25
References, 25
xv
xvi CONTENTS
CONTENTS xvii
xviii CONTENTS
CONTENTS xix
APPENDIXES
A State and Local Laws on the Minimum Age of Legal Access to
Tobacco Products 265
B State Laws—Tobacco Transfers to Minors 287
C State Laws—Tobacco Purchase–Use–Possession by Minors 315
D Supplemental Information About the Models 327
E Open Meeting Agendas 369
F Committee Biographical Sketches 373
Summary
S
moking rates in the United States have declined substantially since the
release of Smoking and Health: Report of the Advisory Committee to
the Surgeon General of the Public Health Service in 1964, when the
prevalence of current cigarette smoking was around 42 percent. Recent es-
timates reveal that since 1964, tobacco control in the United States has led
to 8 million fewer premature deaths and has extended the mean life span
at age 40 by about 2 years (Holford et al., 2014). However, tobacco use
continues to have major public health implications; while the prevalence
of current cigarette smoking among U.S. adults has declined to around 18
percent (Schiller et al., 2014), more than 42 million American adults still
smoke (HHS, 2014).
STATEMENT OF TASK
The Family Smoking Prevention and Tobacco Control Act of 2009
(hereafter referred to as the Tobacco Control Act) amended the Federal
Food, Drug, and Cosmetic Act, granting the Food and Drug Administration
(FDA) broad authorities over tobacco products. The Tobacco Control Act
directed FDA to, among other things, issue regulations to restrict cigarette
and smokeless tobacco retail sales to youth and to restrict tobacco product
advertising and marketing to youth. The act, however, prohibits FDA from
taking several specific steps, including establishing a minimum age of sale
1
Family Smoking Prevention and Tobacco Control Act of 2009, Public Law 111-31 § 906.
111th Cong. (June 22, 2009).
2 Id. § 104.
3 Id. § 906.
SUMMARY 3
ited but also in the prescribed penalties for violations. What they all have in
common, however, is a focus on curtailing retail access to tobacco products
by underage persons, with little, if any, emphasis on punishing the under-
age users of tobacco products. The committee’s charge requests conclusions
regarding the public health implications of raising the MLA without any
recommendations regarding whether the MLA should be raised.
SUMMARY 5
tion.” To achieve the benchmark of 100 cigarettes, one must have access
to cigarettes over a period of time and have developed symptoms of depen-
dence and stronger motives for use beyond perceived peer or social group
pressure (Dierker and Mermelstein, 2010).
A critical component in the development of dependence and continued
tobacco use is the reinforcing effects of nicotine. Adolescent brains have a
heightened sensitivity to the rewarding effects of nicotine, and this sensitiv-
ity diminishes with age (Adriani et al., 2006; Jamner et al., 2003). Thus,
the probability that a user escalates to dependence after the first few trials
is likely to decrease the further one moves away from adolescence.
Changes in the initiation of tobacco use would not necessarily be
linear with increases in the MLA or be equal for all segments of under-
age individuals. Changing the MLA has an indirect effect of helping to
change norms about the acceptability of tobacco use, but this effect may
take time to build. In addition, the norms about acceptability of tobacco
use are also likely to vary by age, with greater perceived unacceptability
for those the farther away from the MLA. If the MLA increases to 21, the
social unacceptability of smoking will be greater for a 16-year-old than for
a 20-year-old.
Given the assumption that changes in the MLA could have differential
effects on adolescents at different ages, the committee considered possible
changes in initiation rates for three age divisions: (1) adolescents under age
15; (2) adolescents between the ages of 15 and 17; and (3) individuals at
age 18 for estimates with an MLA of 19, or individuals at ages 18 to 20 or
21 to 24 for an MLA of 21 or 25, respectively. These age groupings reflect
not just differences in years from the MLA but also several important de-
velopmental transitions that play a role in tobacco use.
of their peer networks who are over the MLA (with the likelihood decreas-
ing as the MLA increases). Thus, social network sources and mobility are
most restricted for adolescents under age 15. For adolescents under 15 years
of age, raising the MLA from 18 to 19 may have only a modest impact on
reducing social sources, given the small difference in age. Increasing the
MLA to 21, however, would provide a greater distancing of social sources.
Although 19-year-olds may still be in high schools and thus potentially in-
fluence those under 15, it is far less likely that 21-year-olds are in the same
social networks. On the other hand, increasing the MLA from 21 to 25
will not be likely to achieve many additional notable reductions in social
sources for those under 15 beyond what is achieved with an MLA of 21.
Although social sources play a central role in establishing adolescent
tobacco use patterns, other factors that contribute to early adolescent
tobacco use (for those who initiate before age 15) may limit the reduc-
tions that would be achieved with increases in the MLA. Adolescents
who reach a level of 100 cigarettes before 15 may be those who are most
susceptible to the reinforcing effects of nicotine, who have higher levels of
psychological or substance use comorbidities, who have a combination of
problem behaviors (of which tobacco use is one manifestation), and who
have social networks within which tobacco and other substances are more
readily available, regardless of age. Thus, the committee also expects that
there may be limits to how much changes in the MLA will affect this sub-
set of adolescents. Considering the balance of these factors, the committee
estimates that for adolescents under age 15 reductions in initiation will be
small for an MLA of 19 and medium for an MLA of 21 and an MLA of 25.
The committee expects that the greatest gains in reducing tobacco use
will be achieved for adolescents between the ages of 15 and 17. Negative
consequences for tobacco use, through parental or school controls, are
still relevant, and changes in the MLA are likely to increase these negative
consequences as social norms adjust. Adolescents in this age group are still
most likely to get tobacco through social sources (committee analysis of
Arrazola et al., 2014; Johnston et al., 2014a). Between the ages of 15 and
17 adolescent mobility increases with driving privileges. Social networks
and potential social sources of tobacco start to increase as some adolescents
take on formal, part-time jobs with coworkers who may be over the MLA.
Changing the MLA to 19 may not change social sources substantially for
these adolescents, but the committee expects that raising the MLA to 21
will substantially impact initiation. Raising the MLA to 25 may provide
only a modest additional reduction in initiation over that achieved with
an MLA of 21, given that changes to social network sources may not be
substantially different.
Balancing these factors, the committee estimates that the reduction in
initiation in this age group will likely exceed that seen in adolescents less than
SUMMARY 7
15 years of age for all policy options. Furthermore, the committee estimates
that the higher the MLA, the greater the effect on initiation rates will be.
SUMMARY 9
4 All absolute differences, including the numbers of premature deaths, lung cancer deaths,
and YLL, are relative to underlying status quo projections. These status quo projections esti-
mate decreases in smoking prevalence and thus smoking-attributable morbidity and mortality.
As such, the committee encourages the reader to focus on the percentage reduction rather than
on the absolute numerical estimates.
weight, and roughly 4,000 fewer sudden infant death syndrome (SIDS)
cases among mothers age 15 to 49.5
5 All absolute differences, including the numbers of cases of pre-term births, low birth
weight, and SIDS, are relative to underlying status quo projections. These status quo projec-
tions predict that there will be decreases in smoking prevalence, and thus smoking-attributable
morbidity and mortality.
SUMMARY 11
REFERENCES
Adriani, W., V. Deroche-Gamonet, M. Le Moal, G. Laviola, and P. V. Piazza. 2006. Preexpo-
sure during or following adolescence differently affects nicotine-rewarding properties in
adult rats. Psychopharmacology 184(3–4):382–390.
Arrazola, R. A., N. M. Kuiper, and S. R. Dube. 2014. Patterns of current use of tobacco
products among U.S. high school students for 2000–2012—Findings from the National
Youth Tobacco Survey. Journal of Adolescent Health 54(1):54–60.
Bonnie, R. J., and E. S. Scott. 2013. The teenage brain: Adolescent brain research and the law.
Current Directions in Psychological Science 22(2):158–161.
Dierker, L., and R. Mermelstein. 2010. Early emerging nicotine-dependence symptoms: A
signal of propensity for chronic smoking behavior in adolescents. Journal of Pediatrics
156(5):818–822.
Hamilton, V. E. 2010. Immature citizens and the state. Brigham Young University Law Review
1055(4):1055–1148.
HHS (Department of Health and Human Services). 2014. The health consequences of
smoking—50 years of progress: A report of the Surgeon General. Atlanta, GA: U.S.
Department of Health and Human Services, Centers for Disease Control and Preven-
tion, National Center for Chronic Disease Prevention and Health Promotion, Office on
Smoking and Health.
Holford, T. R., R. Meza, K. E. Warner, C. Meernik, J. Jeon, S. H. Moolgavkar, and D. T.
Levy. 2014. Tobacco control and the reduction in smoking-related premature deaths in
the United States, 1964–2012. JAMA 311(2):164–171.
IOM (Institute of Medicine). 2007. Ending the tobacco problem: A blueprint for the nation.
Edited by R. J. Bonnie. Washington, DC: The National Academies Press.
IOM and NRC (Institute of Medicine and National Research Council). 2004. Reducing under-
age drinking: A collective responsibility. Edited by R. J. Bonnie. Washington, DC: The
National Academies Press.
Jamner, L. D., C. K. Whalen, S. E. Loughlin, R. Mermelstein, J. Audrain-McGovern, S.
Krishnan-Sarin, J. K. Worden, and F. M. Leslie. 2003. Tobacco use across the forma-
tive years: A road map to developmental vulnerabilities. Nicotine & Tobacco Research
5(Suppl 1):S71–S87.
Johnston, L. D., P. M. O’Malley, J. G. Bachman, J. E. Schulenberg, and R. A. Miech. 2014a.
Monitoring the Future: National survey results on drug use, 1975–2013: Volume 1, Sec-
ondary school students. Ann Arbor: Institute for Social Research, University of Michigan.
Johnston, L. D., P. M. O’Malley, R. A. Miech, J. G. Bachman, and J. E. Schulenberg. 2014b.
Monitoring the Future: National survey results on drug use, 1975–2013: Overview, key
findings on adolescent drug use. Ann Arbor: Institute for Social Research, University of
Michigan.
SUMMARY 13
Ling, P. M., and S. A. Glantz. 2002. Why and how the tobacco industry sells cigarettes to
young adults: Evidence from industry documents. American Journal of Public Health
92(6):908–916.
SAMHSA (Substance Abuse and Mental Health Services Administration). 2013. Results from
the 2012 National Survey on Drug Use and Health: Summary of national findings.
Rockville, MD: Substance Abuse and Mental Health Services Administration; Center for
Behavioral Statistics and Quality; Department of Population Surveys.
Schiller, J. S., B. W. Ward, and G. Freeman. 2014. Early release of selected estimates based on
data from the 2013 National Health Interview Survey. U.S. Department of Health and
Human Services, Centers for Disease Control and Prevention and National Center for
Health Statistics. http://www.cdc.gov/nchs/data/nhis/earlyrelease/earlyrelease201406.pdf
(accessed February 22, 2015).
Steinberg, L. 2012. Should the science of adolescent brain development inform public policy?
Issues in Science and Technology 28(3):67–78.
Surgeon General’s Advisory Committee on Smoking and Health. 1964. Smoking and health:
Report of the Advisory Committee to the Surgeon General of the Public Health Service.
Washington, DC: U.S. Government Printing Office.
Wills, T. A., R. Knight, R. J. Williams, I. Pagano, and J. D. Sargent. 2014. Risk factors for
exclusive e-cigarette use and dual e-cigarette use and tobacco use in adolescents. Pedi-
atrics 135(1):e43–e51.
Introduction
T
he study of the relationship between tobacco use and health prob-
lems has a long history. The classic papers by Doll and colleagues
began to appear in 1950, with the first prospective study linking
cigarette smoking and lung cancer published in 1954 (Doll and Hill, 1954),
following up on many cross-sectional studies. A number of other impor-
tant studies added to the growing evidence base about the health risks of
smoking (e.g., Cornfield et al., 1959; Dorn, 1959; Hammond and Horn,
1958; Wynder and Graham, 1950). A seminal report, Smoking and Health:
Report of the Advisory Committee to the Surgeon General of the Public
Health Service,1 was published in 1964, and since that time Surgeons
General have released 32 other reports on a variety of topics related to
tobacco use (HHS, 2014).
Smoking rates in the United States have declined substantially since
1965 when the prevalence of current cigarette smoking was approximately
42 percent (HHS, 2014). Furthermore, it has recently been estimated that
tobacco control policies in the United States since 1965 have led to 8 mil-
lion fewer premature deaths and have extended the mean life span by 19
to 20 years per death postponed, corresponding to an increment of about
2 years in life expectancy at age 40 (Holford et al., 2014). However, to-
bacco use continues to have major public health implications: While the
prevalence of current cigarette smoking among U.S. adults declined from
24.7 percent in 1997 to 17.8 percent in 2013 (NCHS, 2014), more than 42
1 This report is often referred to as the first Surgeon General’s report on smoking; however,
the authors were actually a nongovernmental advisory committee to the Surgeon General.
15
INTRODUCTION 17
than 18 years of age, has for decades targeted marketing and promotional
activities to young adults (Sepe et al., 2002). The convergence of the neu-
robiological factors and the tobacco use epidemiology reinforces the impor-
tance of preventing young adults, in addition to children and adolescents,
from becoming tobacco users.
HIGH-RISK POPULATIONS
Neither the prevalence of cigarette smoking nor the use of other to-
bacco products is evenly distributed in the population; rather, both are
more heavily concentrated in certain population subgroups than in others.
Over time in the United States, cigarette smoking has become more and
more concentrated in lower socioeconomic groups defined by few years of
schooling and lower income (Fagan et al., 2007). Smoking prevalence also
varies across racial and ethnic groups, with the highest prevalence among
American Indians and Alaskan natives and the lowest among Asian Ameri-
cans (Fagan et al., 2007).
Sexual orientation is also strongly associated with the prevalence of
current smoking. Smoking prevalence is much higher among sexual minori-
ties than in the population as a whole (Lee et al., 2009; Ryan et al., 2001).
The prevalence of smoking among persons with a history of mental illness
is approximately double the prevalence in the general population (Lasser
et al., 2000). This increased likelihood of smoking in those with a history
of mental illness is not limited to one or a few psychiatric diagnoses but
rather is a cross-cutting association that applies to psychiatric diagnoses
across the board (Lasser et al., 2000). Historically, the prevalence of smok-
ing has been higher among active duty military personnel (Bray et al., 2006)
and veterans of the military (Brown, 2010) than in the general population.
There is evidence that this disparity is diminishing in the veteran population
(Hamlett-Berry et al., 2013).
2ADAMHA Reorganization Act of 1992, Public Law 102-321, 102nd Cong. (July 10,
1992).
quires states to have laws in place prohibiting the sale and distribution of
tobacco products to persons under the age of 18 and to enforce those laws
effectively (SAMHSA, 2014). Failure to meet these requirements may result
in a state losing 40 percent of its substance abuse prevention and treatment
block grant. The Synar program is described in detail in Chapter 5.
In 1994 a committee convened by the Institute of Medicine (IOM)
released the report Growing Up Tobacco Free (IOM, 1994). The report
called for a comprehensive youth-oriented tobacco control strategy. The
strategy included Congress establishing a regulatory program for tobacco
products within an appropriate agency of the Public Health Service. In 1995
the commissioner of the Food and Drug Administration (FDA), Dr. David
Kessler, famously declared smoking a “pediatric disease” because “nicotine
addiction begins when most tobacco users are teen-agers” (Hilts, 1995). In
1996 FDA issued a final rule prohibiting the sale of cigarettes and smokeless
tobacco to any person under age 18 and imposing restrictions on the mar-
keting, labeling, and advertising of tobacco products (HHS, 1996). While
this 1996 rule was invalidated in 2000 by a Supreme Court decision ruling
that FDA did not have the authority to regulate tobacco products,3 it was
specifically incorporated in the Family Smoking Prevention and Tobacco
Control Act of 20094 (hereafter referred to as the Tobacco Control Act).
The Master Settlement Agreement of 1998 (MSA) resulted from settle-
ments between the attorneys general of 46 states and the 4 largest tobacco
manufacturers (NAAG, 1998). The MSA required the companies to make
annual payments to the states as compensation for some of the medical
costs of caring for people with smoking-related diseases; to curtail or
end certain tobacco marketing practices; and to dissolve tobacco industry
organizations. The MSA also called for the establishment of a national
foundation, which led to the creation of the American Legacy Foundation,
a nonprofit tobacco control research and education organization known for
its early and aggressive media campaigns about the dangers of tobacco use.
The child-focused strategy, although not universally embraced (Craig
and Boris, 2007; Glantz, 1996), galvanized attention and resources, and
significant successes followed. For example, the proportion of students in
grades 9 through 12 who had used tobacco products in the past 30 days
(including cigarettes, smokeless tobacco products, and cigars) decreased
46.1 percent between 1997 and 2011, from 43.4 percent to 23.4 percent
(CDC, 2012b). This remarkable progress sprung from a number of well-
established policy levers: increased state and federal excise taxes, compre-
3 FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 120 S. Ct. 1291, 146 L. Ed.
2d 121 (2000).
4 Family Smoking Prevention and Tobacco Control Act of 2009, Public Law 111-31, 111th
INTRODUCTION 19
STATEMENT OF TASK
The Tobacco Control Act amended the Federal Food, Drug, and Cos-
metic Act to grant FDA broad authority over tobacco products adminis-
tered by a newly created Center for Tobacco Products (CTP) funded with
user fees paid by the tobacco industry. The Tobacco Control Act directed
FDA to, among other things, issue regulations to restrict cigarette and
smokeless tobacco retail sales to youth and restrict tobacco product adver-
tising and marketing to youth. (See Box 1-1 for a summary of the major
components of the Tobacco Control Act.) On the other hand, the act
specifically prohibits FDA from taking certain actions, including reducing
nicotine levels in tobacco products to zero, requiring a prescription to pur-
chase tobacco products, banning the face-to-face sale of tobacco products
in any one specific category retail environment, banning specific classes
of tobacco products, and establishing a minimum age of sale of tobacco
products higher than 18 years of age.5 The Tobacco Control Act did, how-
ever, direct FDA to convene a panel of experts to conduct a study on “the
public health implications of raising the minimum age to purchase tobacco
products” and to submit a report to Congress on the issue.
5Family Smoking Prevention and Tobacco Control Act of 2009, Public Law 111-31 § 906,
111th Cong. (June 22, 2009).
BOX 1-1
Key Components of the Family Smoking Prevention and
Tobacco Control Act of 2009
Requires bigger, more prominent warning labels for cigarettes and smoke-
less tobacco products:
However, the implementation date of more prominent warning labels for
cigarettes is uncertain, due to ongoing proceedings in the case of R. J. Reynolds
Tobacco Co. v. U.S. Food and Drug Administration, No. 11-1482 (D.D.C.), on ap-
peal, No. 11-5332 (D.C.Cir.).
INTRODUCTION 21
The Tobacco Control Act preserves the authority of state, local, and tribal
governments to regulate tobacco products in certain specific respects. It also
prohibits, with certain exceptions, state and local requirements that are different
from, or in addition to, requirements under the provisions of the FDCA relating to
specified areas.
6 Id. § 104.
7 Id. § 906.
INTRODUCTION 23
INTRODUCTION 25
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INTRODUCTION 29
S
everal national surveys provide data for estimation of smoking behav-
ior among adolescents and young adults in the United States. These
data sources include Monitoring the Future Study (MTF), National
Health Interview Survey (NHIS), National Longitudinal Study of Ado-
lescent Health (Add Health), National Survey on Drug Use and Health
(NSDUH), National Youth Tobacco Survey (NYTS), and Youth Risk Be-
havior Surveillance System (YRBSS). This chapter summarizes the rates of
adolescent and young adult tobacco use as reported in these sources as well
as in the 2012 Surgeon General’s report Preventing Tobacco Use Among
Youth and Young Adults (HHS, 2012). When discussing the rates of to-
bacco use, “tobacco use” is defined to include use of cigarettes, smokeless
tobacco, cigars, and electronic nicotine delivery systems (ENDS), or “e-
cigarettes.” Data on rates of tobacco use among different groups, including
at-risk populations, are also presented. A comprehensive synthesis of these
data is described in the 2012 Surgeon General’s report. This chapter then
continues with evidence about the effect of age of initiation on patterns of
nicotine dependence and cessation.
31
related death and disease in the United States (HHS, 2014). Thus, much of
this review will focus on adolescent and young adult cigarette use; however,
data on other tobacco products will be provided where available.
Table 2-1 provides current cigarette smoking rates from the 2013 YRBSS
by gender, race/ethnicity, and grade. Data from the 2013 YRBSS show that
slightly fewer than one in five high school seniors (19 percent) were current
cigarette smokers, defined as having smoked within the 30 days immediately
before the survey (Kann et al., 2014). Monitoring the Future reports similar
data, with 16 percent being current smokers (Johnston et al., 2014b). These
prevalence data indicate that there has been a continued decline in smoking
among high school students in recent years, although the decline has been
occurring at a slower rate than in the early 2000s (HHS, 2012). Both YRBSS
and MTF show a substantial increase in cigarette use with increasing grade
level (although YRBSS shows a decline from the 11th to the 12th, which is
likely due to the fact that a number of students drop out between the 11th
and 12th grades). For comparable grades (10th and 12th), the estimates
for YRBSS are slightly and consistently higher than for MTF, probably due
to differences in how questions are asked. The different estimates from the
surveys could result from a variety of factors, and each of the surveys has
relative strengths and weaknesses (SAMHSA, 2012b). YRBSS and MTF are
school-based samples, so these surveys exclude school dropouts and young
adults who have graduated from high school. NSDUH, on the other hand,
includes dropouts and has all ages 12 and older. Current smoking prevalence
is highest among white adolescents, followed by Hispanic and black ado-
lescents. Trends are similar among young adults (HHS, 2012). While black
and Hispanic males smoke more than females, prevalence rates of current
smoking are the same for males and females among whites.
Table 2-2 shows NSDUH estimates of monthly cigarette use by age.
Note that prevalence of use continues to increase post-high school, with a
Total 22.1
35.0
30.0
25.0
20.0
15.0
10.0
5.0
*
2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
18 26.7 24.4 25.0 23.2 21.6 21.6 20.4 20.1 19.2 18.7 17.1
19-20 29.8 27.0 27.9 27.5 24.6 22.6 21.8 21.2 19.6 18.5 16.8
21-22 32.6 30.5 31.3 29.2 27.3 27.8 24.5 25.2 22.8 23.3 18.9
23-24 31.9 31.0 31.5 29.3 28.1 26.7 26.5 24.1 23.0 22.0 20.4
25-26 27.3 27.0 29.6 30.7 29.1 27.5 24.5 22.6 24.3 23.4 20.7
FIGURE 2-1 Trends in 30-day cigarette smoking prevalence by age group, 18–26,
MTF, 2002 through 2012.
SOURCE: Johnston et al., 2013.
sharp increase at age 18, then leveling off around ages 21 to 22. The sharp
increase from 16.1 percent at age 17 to 25.1 percent at age 18 is presum-
ably due at least in part to the fact that the minimum legal age for purchase
of tobacco products is 18.
Although MTF is a school-based sample, the study includes a longitu-
dinal component, allowing for estimates for smoking rates for young adults
who are high school graduates. Figure 2-1 shows trends from 2002 to 2012
in prevalence of 30-day cigarette smoking by age groups, from 18 to 26.
The trends show continuing declines in cigarette use among young adult
high school graduates, with some convergence among age groups. N SDUH,
which includes dropouts, also shows declines through 2012 among those
ages 18 to 25 (SAMHSA, 2013a).
Finding 2-1: Almost one in five high school seniors is a current (in
the past 30 days) cigarette smoker, compared with one in three young
adults.
Socioeconomic Status
For some years cigarette smoking has been more concentrated among
those with lower socioeconomic status but in recent years that concen-
are due to the high number of Hispanic parents with low socioeconomic
status (as defined by parental education).
As a further illustration, Table 2-4 provides smoking rates for two
groups: those who expect to complete a 4-year college program versus those
who do not. In 1997 those in the latter group were almost twice as likely
to be current smokers as those in the former group (47.2 percent versus
26.8 percent), but by 2013 the ratio was more than 3 to 1 (23.3 percent
versus 7.4 percent).
Among young adults, smoking rates similarly differ by education. Those
who do not enroll in college are more likely to have started smoking at a
younger age and to be current smokers, and they are less likely to attempt
to quit smoking than their peers who enroll in college (Green et al., 2007).
Also, among young adults not attending college, full-time employment is
associated with higher rates of tobacco use (Welte et al., 2011).
GEOGRAPHIC VARIATION
Tables 2-5 and 2-6 provide the percentage of 12- to 17-year-olds who
smoked cigarettes in the past month by region of the country and by state
of residence, in combined years 2002–2003 and 2010–2011. (Combining
two years of data is necessary because of the small numbers of cases avail-
able in many states.) Figure 2-2 provides a visual display of the considerable
variation by state for 2010–2011. Utah had the lowest rate (5.1 percent),
and West Virginia had the highest (11.8 percent) (SAMHSA, 2012c). The
10 highest states (red color in Figure 2-2, greater than 9.7 percent) were, in
descending order: West Virginia, Montana, Kentucky, Missouri, Wyoming,
Iowa, New Hampshire, Vermont, Oklahoma, and South Dakota. The nine
lowest states, plus the District of Columbia (white color in Figure 2-2,
7.11 percent or less), were, in descending order: Texas, Virginia, Nevada,
TABLE 2-5 Percentage Using Cigarettes in the Past Month, Ages 12–17,
by Region, NSDUH, 2002–2003 and 2010–2011
Region 2002–2003 2010–2011 Percentage Point Change
Total U.S. 12.57 8.07 −4.50
FIGURE 2-2 Cigarette use in the past month among adolescents ages 12 to 17, by
state. Average annual percentages, NSDUH, 2010 and 2011.
SOURCE: SAMHSA, 2012a.
TABLE 2-6 Percentage Using Cigarettes in the Past Month, Ages 12–17, by State, NSDUH, 2002–2003 and
2010–2011
State 2002–2003 2010–2011 Change State 2002–2003 2010–2011 Change
39
Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products
Metropolitan Status
Table 2-7 provides prevalence of 30-day smoking by age group and by
metropolitan status for adolescents and young adults. In each age group,
the nonmetropolitan segment has the highest rate of smoking and the large
metropolitan has the lowest, with the small metropolitan segment being
intermediate.
Use of other tobacco products similarly varies by metropolitan status,
with greater use in more rural communities and less use in more urban ar-
eas. Adolescents and young adults residing in rural communities are more
likely to use tobacco and, particularly, smokeless tobacco or chew because
of the cultural norms set within their communities (Melnick et al., 2001;
Peek et al., in preparation). Rural life is often associated with the rodeo
or being a cowboy (Peek et al., in preparation), with males playing sports
such as baseball (whose athletes use smokeless tobacco at high rates), and
with men being more macho and tough (Melnick et al., 2001; Peek et al.,
in preparation). These attitudes often translate into a situation in which
it is socially normative to use tobacco in order to mirror these images.
Furthermore, in these often insular, small communities where everyone is
connected and knowledgeable of each other’s action, younger adolescents
are able to obtain chew and other tobacco products from members of their
community more easily (Peek et al., in preparation).
Mental Illness
Tobacco use is also more common among those with mental illness, in
part because these individuals use nicotine as a means of “self-medication,”
mood regulation, and stress mitigation (Ziedonis et al., 2008). On the other
hand, Goodman and Capitman (2000) assessed 8,704 adolescents and
found that depressive symptoms did not predict smoking. Instead, smok-
ing predicted subsequent depressive symptoms. Similarly, greater levels of
smoking during adolescence and early adulthood have been associated with
a higher risk for agoraphobia, general anxiety disorder, and panic disorder
(Johnson et al., 2000), suggesting that while there is a strong relationship
between mental illness and smoking, the nature of this relationship is still
unclear.
Sexual Orientation
Lesbian, gay, bisexual, transgender, questioning, or queer (LGBTQ)
adolescents and young adults appear to use smoking as a means of coping
with the stigma associated with their sexual identity (Rosario et al., 1997).
Higher smoking rates among LGBTQ youth persist even after accounting
for psychosocial factors such as depression, self-esteem, and familial smok-
ing habits (Austin et al., 2004). However, it is also the case that supportive
social environments (operationalized by assessing the proportion of same
sex couples living in the counties studied, the proportion of schools with
gay–straight alliances, the proportion of schools with policies protecting
gay students, and the proportion of schools with antidiscrimination poli-
cies) have been associated with lower rate of tobacco use (Hatzenbuehler
et al., 2011).
INITIATION
The Surgeon General’s 2012 report stated that one of the most im-
portant and widely cited findings from the 1964 Surgeon General’s report
on smoking and health was that cigarette smoking almost always begins
before adulthood (HHS, 2012). The 2012 report corroborated that the find-
ing still held. Table 2-8 in this report updates that information and shows
that the finding is still true. Among adults ages 30 to 34 who ever smoked
daily, 89.8 percent had first tried a cigarette before age 19, and 99.2 per-
cent before age 26. The 2012 Surgeon General’s report emphasized that a
relatively high proportion of adult smokers initiate at a relatively early age.
For example, more than one-third (36.7 percent) of adults who had ever
tried a cigarette reported trying their first cigarette by age 14. The figure in
Table 2-8 (36.2 percent) is virtually identical to this number (36.2 percent).
continued
43
TABLE 2-8 Continued
44
FIGURE 2-4 Age distribution of cigarette initiation reported by those 26 years old
and older, broken down by those who did versus those who did not progress to us-
ing 100-plus cigarettes in their lifetimes, NSDUH, 2002 through 2012.
SOURCE: Committee analysis from HHS et al., 2014.
Finding 2-3: Among adults who become daily smokers, nearly all re-
port first use of cigarettes before 19 years of age (90 percent), with 99
percent reporting first use before 26 years of age.
SMOKING INTENSITY
The most commonly used metric of smoking intensity is the number of
cigarettes smoked per smoking day. Table 2-9 provides the average number
of cigarettes smoked per smoking day for those who smoked cigarettes in
the past 30 days, by age, based on 2012 NSDUH data. The right-most
two columns compare the data for those who smoked less than about half
a pack per day with those who smoked half a pack or more per smoking
day. There are substantial increases between ages 12 through 15 and age
16, and between ages 17 and 18, but then relatively little increase in the
average number of cigarettes smoked per smoking day in the age range
from 18 to 20. Intensity increases substantially after that. An alternative
metric for gauging the overall exposure to cigarettes is the number of days
that an individual has smoked in the past month. This metric captures the
frequency or regularity of use.
Emerging Patterns
In general, the rates of cigarette smoking have been declining, although
there have been recent signs of a deceleration in that decline (SAMHSA,
2013b). In addition to this general decline, there has also been clear evi-
dence of an increasing trend toward lighter use. One indication of this is
that among those who smoked cigarettes in the past 30 days, the proportion
of those who smoke every day has been decreasing, and, conversely, the
proportion of nondaily smokers has been increasing. Table 2-10 provides
the percentages, from 1991 to 2013, of past-30-day smokers who smoked
less often than daily for four age groups, based on the Monitoring the
Future study. Among young adults ages 19 to 28, the percentage of cur-
rent smokers who were nondaily smokers rose steadily from 23 percent in
1991 to 40 percent in 2013. The rise in this population of lighter smokers
has important implications for the understanding of nicotine addiction and
dependence (Shiffman, 2009).
mation about the total number of smokers at a given age and even offer
insights into how many individuals have started or stopped smoking in a
given year, they are less directly informative about individual differences in
progression of tobacco use behavior. With the use of newer data analytic
techniques (e.g., latent variable growth mixture modeling), researchers
have identified various trajectories of smoking behavior among adolescents
and young adults (e.g., Bernat et al., 2008; Brook et al., 2008; Chassin
et al., 2008; Colder et al., 2001, 2008; Costello et al., 2008; Jackson et
al., 2008; Lessov-Schlaggar et al., 2008; Riggs et al., 2007; Stanton et al.,
2004; Tucker et al., 2006). These approaches may help to better describe
the heterogeneity of longitudinal patterns of use and to identify factors
that discriminate among the different trajectories. Among the trajectories
that have been identified are groups of adolescents who experiment but
have non-escalating trajectories and other groups that escalate rapidly.
Unfortunately, these studies have not to date provided the fine-grained
age detail during the young adult period necessary to reliably identify the
differences between those individuals who initiate and escalate starting in
young adulthood and those who initiate during the earlier adolescent years.
In addition, most of these studies have provided data on the broad popula-
tion of adolescents, most of whom fall into the nonsmoking trajectories. As
such, they provide less in-depth information on the patterns of progression
of those adolescents who try tobacco use. Furthermore, all of these studies
have focused exclusively on cigarette use, and none have considered how
the use of other tobacco products (e.g., cigars, smokeless tobacco, hookah,
etc.) may affect these trajectories. In addition, to date there has been no
systematic data collected concerning how patterns of tobacco product use
may vary by product or by combinations of products, including product
switching. The changing landscape of available tobacco products may well
affect overall patterns of use.
The often irregular pattern of tobacco use behavior presents a challenge
for clearly identifying exactly when nicotine dependence develops in the
progression of tobacco use. The level of dependence symptoms that indi-
viduals experience is believed to be the most important factor contributing
to smoking persistence and failed cessation efforts. Nicotine dependence is
characterized by physiological adaptations (e.g., tolerance, withdrawal) and
other accommodating behaviors (e.g., time spent in activities necessary to
obtain and use nicotine and to recover from its effects and the forfeiting or
reduction of important social, occupational, or recreational activities) re-
sulting from chronic smoking. Nicotine dependence predicts smoking regu-
larity and quantity across adolescence into young adulthood (Dierker and
Mermelstein, 2010; O’Loughlin et al., 2003; Selya et al., 2013). Ongoing
longitudinal studies of adolescent smoking that have examined the develop-
ment of nicotine dependence symptoms suggest that nicotine dependence
ciated with a longer duration of smoking, all else being held equal (Breslau
and Peterson, 1996).
challenges that come with an adolescent’s lack of control over his or her
environment and lack of ability to modify cues that may promote smoking
(Curry et al., 2009). Thus, not all adolescents who smoke may have the cog-
nitive, environmental, and emotional resources to make cessation attempts
successful. Cessation attempts are also less successful among adolescents
who smoke more or who smoke daily (Bancej et al., 2007). In one of the
few studies to examine the discontinuation of smoking among adolescents
who are light and mostly intermittent smokers, O’Loughlin et al. (2014)
found that males and older adolescents were more likely to discontinue
smoking, and suggested that older adolescents may be more successful for
a variety of reasons, including moving into adult roles, developing increased
skills to manage a quit attempt, and having more exposure to cessation
aids.
Young adults also find cessation challenging, and the evidence is mixed
as to whether young adults are more successful than older adults, with
relatively few studies having compared cessation rates across age groups.
Messer et al. (2008) found that young adults ages 18 to 24 were more likely
to quit successfully than older adults. However, Villanti et al. (2010) found
that there is limited evidence for the efficacy of cessation interventions spe-
cifically geared to young adults. In a meta-analysis addressing the question
of whether cessation interventions that are successful for older adults work
equally well for young adults, Suls et al. (2012) found that interventions
that are efficacious for the general adult population are equally effective
for young adults. The larger problem, however, is attracting young adults
to evidence-based cessation programs (Suls et al., 2012).
In sum, adolescents, even those who are light and intermittent ad-
olescent smokers, have difficulty stopping their tobacco use, especially
once dependence symptoms have emerged, even if the symptoms have not
yet reached the level of fully developed nicotine dependence. In addition,
evidence-based cessation interventions for adolescents are not as easily or
widely available as they are for adults, and pharmacological approaches are
limited in both reach and effectiveness (Curry et al., 2009). More cessation
options are available for young adults, and success in quitting may be easier
to achieve during the young adult years.
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T
obacco use is the result of a complex and dynamic interplay of mul-
tiple converging developmental, social, and environmental factors.
Many of these factors are developmentally related, with adolescence
and young adulthood as a key period of vulnerability to tobacco use and
the progression to nicotine dependence (Jamner et al., 2003).
The development of adult decision-making skills and abilities is a
continuous process that begins in early adolescence and continues into and
through young adulthood, with no firm age periods for when specific de-
velopmental milestones occur. Furthermore, there are individual variations,
with spurts of change and disjuncture resulting from social and environ-
mental factors that influence the normative developmental process. These
social influences are particularly salient in later adolescence and young
adulthood.
Although previously considered a relatively short transition period, the
late teens through the early 20s (ages approximately 18 to 26) is now con-
sidered a distinct period of life known as young adulthood (IOM and NRC,
2014). The newfound focus on this developmental period is due in part to
prolonged education, delayed marriage, and delayed parenthood—events
that historically marked adulthood, adult roles, and adult responsibility
(Settersten and Ray, 2010)—and in part to studies showing that the brain
continues to develop until the mid-20s (Giedd, 2008; Luna et al., 2004).
Individuals in young adulthood face developmental and life changes that
may make them particularly susceptible to drug use for several reasons: a
desire to explore their identity, a response to the instability and disruption
associated with life changes, or because of a tendency to focus on the pos-
63
Cognitive Development
During adolescence, thinking becomes less concrete and more abstract,
giving adolescents the ability to consider many components necessary for
competent decision making at one time, consider potential positive and
negative outcomes associated with each decision, and plan for the future.
Studies have shown that by the time adolescents reach age 16, their general
cognitive abilities, such as the ability to understand consequences—including
the risks and benefits of their decisions—to process information, and to
reason, are essentially identical to those of adults (Albert and S teinberg,
2011; Halpern-Felsher and Cauffman, 2001; Steinberg et al., 2009a). For
example, in a study of 935 individuals ranging from age 10 to 30, Steinberg
and colleagues (2009a) found no significant differences in cognitive skills
between older adolescents (as young as ages 15–16) and adults.
Psychosocial Development
In addition to developing the ability to consider the possible conse-
quences of actions, including the likelihood and value of each consequence,
adolescents and young adults are also maturing with respect to their psy-
chosocial abilities. Psychosocial components relevant to tobacco decision
making include social and peer comparison, sensation seeking and impulsiv-
ity, peer affiliation, susceptibility to peer pressure, the ability to understand
and plan for the future, and perceived social norms.
While individuals vary even within the same age range, generally speak-
ing most adolescents are on par with adults by age 16 with respect to
thinking about the future (e.g., Albert and Steinberg, 2011; Halpern-Felsher
and Cauffman, 2001; Steinberg et al., 2009b). However, other critical
aspects of psychosocial development, such as those associated with peer
pressure, sensation seeking, reward seeking, and impulse control, are much
less developed during adolescence than during adulthood (Halpern-Felsher
and Cauffman, 2001; Steinberg, 2008; Steinberg et al., 2008, 2009a;
Zuckerman, 1979). “Dynamic accounts of factors that predict adolescent
decisions” take into consideration the social, emotional, and self-regulatory
factors that help explain why adolescents can make decisions just as ra-
tionally as adults, but often do not (Albert and Steinberg, 2011, p. 211).
These areas of immaturity help explain why adolescents and young adults
are more susceptible than older adults to initiating tobacco use.
Social Norms
Social norms refer to common codes of behavior for a social group. The
construct is used in a number of disciplines and theories of health behavior,
including the Theory of Planned Behavior (Ajzen, 1985), Social Cognitive
Theory (Bandura, 2001), and the Theory of Normative Social Behavior
(Rimal and Real, 2005). Social norms are often classified as either descrip-
tive norms, which are perceptions of how people actually behave (which are
often operationalized as perceived prevalence rates), and injunctive norms,
which are perceptions of how people should behave (and are often opera-
tionalized by asking who would approve or disapprove of you engaging in
a behavior) (Cialdini et al., 1990; Kallgren et al., 2000).
Both injunctive and descriptive norms are associated with smoking
behaviors among adolescents and young adults. Alexander and colleagues
(2001) analyzed data from the National Longitudinal Study of Adolescent
Health and found that among 7th through 12th graders, adolescents in peer
groups where 50 percent or more members smoked, or whose best friends
smoked, were two times more likely to also smoke than those in peer groups
in which fewer than half of the members smoked. Additionally, popular stu-
dents who went to schools with higher smoking rates were more likely to
smoke than non-popular students, while popular students in schools with
low smoking rates were less likely to smoke. Etcheverry and Agnew (2008)
found that among college students, friends, and romantic partners, smoking
and injunctive norms were predictive of smoking behavior.
binge drinking were more likely to binge drink if they were paired with
roommates who also binge drank in high school than they were if they were
paired with a roommate who did not binge drink (Duncan et al., 2005).
Furthermore, an experimental study assessing the differences in how peers
influence risky behavior in adolescents (ages 13–16), young adults (ages
18–22) and adults (ages 24 and older) found that all three age groups
made safe decisions when alone. However, in the presence of peers, both
adolescents and young adults made risky decisions, with adolescents mak-
ing riskier decisions than young adults, while adults, on average, made the
safest decisions (Gardner and Steinberg, 2005).
Importance of Experience
Behavioral decisions and the perceptions of related outcomes are in-
fluenced by the extent to which a person has knowledge of and experi-
ence with the behavior or behavior-linked outcomes (Albert and Steinberg,
2011; IOM and NRC, 2004). Knowledge varies not only across ages but
also within age groups. Adolescents and, to a lesser extent, young adults
experience greater motivation to seek external rewards compared to adults,
which results in this age group being more likely to exhibit approach be-
haviors (i.e., those driven by positive or desirable events or outcomes) than
avoidance behaviors (i.e., those driven by negative or undesirable events or
outcomes) (Elliot, 1999). Risk taking and sensation seeking can be viewed
as part of this drive to experience potential rewards; thus, adolescence is a
period in which individuals are particularly likely to initiate behaviors such
as smoking (Lydon et al., 2014). This is particularly troubling because indi-
viduals who initiate smoking during adolescence are more likely to have a
pleasurable first experience than individuals who initiate smoking in adult-
hood. Furthermore, studies show that pleasurable initial experiences are
associated with rapid progression to regular smoking as well as continued
smoking (DiFranza et al., 2007; Sartor et al., 2010).
In addition to the impact of having (or not having) direct personal
experiences with particular consequences of behaviors, research has also in-
vestigated the effect of vicarious experiences, or knowledge about behaviors
and related positive and negative outcomes experienced by others (Morrell
et al., 2010). Applied to tobacco, adolescents and young adults rarely have
knowledge of peers who have experienced tobacco-related disease, which
lowers their perceptions of the likelihood of negative outcomes occurring
after using tobacco (Morrell et al., 2010). When adolescents and young
adults have had experience with tobacco-related illness, it is often in those
much senior to them. Given their immature sense of the future and their
ease at discounting the idea that what happens to others may also apply
Physical Development
Physical development, including the development of secondary sexual
characteristics, is one of the most important and noticeable hallmarks of
adolescence. The emergence of these newly developed physical features
occurs on average between the ages of 10 and 15 for both girls and boys
(Susman et al., 2010), leading adolescents to begin to have more of an
adult-like appearance, which then often results in their own and others’
beliefs that they can and should adopt more adult roles. However, as noted
below, looking like an adult does not equate to having the cognitive, social,
or emotional readiness to make adult-like decisions.
Physically maturing either earlier (the lowest 10 to 15 percent of the
adolescent population) or later (the highest 10 to 15 percent of the adoles-
cent population) is associated with an individual’s likelihood of engaging
in risky behavior, including tobacco use (Cance et al., 2013; Mendle and
Ferrero, 2012; Mendle et al., 2007). For males, being either an early or late
maturer can have negative outcomes on psychosocial adjustment (Mendle
and Ferrero, 2012) and can lead to increased substance use (Cance et al.,
2013). For females, being an earlier physical maturer can result in adjust-
ment problems and, most relevant to tobacco use, to problems with body
image that can lead to eating disorders (Mendle et al., 2007). Studies have
shown that girls, primarily white girls, sometimes initiate tobacco use in
order to lose weight (HHS, 2012). By contrast, for females, having a later
physical maturation can be protective against risky behaviors and adjust-
ment issues, including tobacco use, as compared with males, who have
more adjustment difficulty if they mature late (Crockett and Petersen, 1987;
Mendle and Ferrero, 2012; Mendle et al., 2007; Siegel et al., 1999).
Neurobiological Development
Physical maturation, including brain development, occurs throughout
the adolescent and young adult years. Neuroscience research provides in-
sights that show how brain maturation affects the social and emotional
development of adolescents and young adults and helps explain why they
are more susceptible to using tobacco than are adults.
The majority of the recent research on adolescent and young adult
brain development has found that both structural and functional changes
occur during adolescence, continuing into young adulthood (e.g., Giedd,
2008; Luna et al., 2004). There are four lobes in the brain: the parietal
lobe, occipital lobe, temporal lobe, and frontal lobe. The frontal lobe, the
largest part of the brain, contains the prefrontal cortex, which is located in
the front of the brain, behind the forehead. The prefrontal cortex is respon-
sible for executive functioning, including cognition, thought, imagination,
abstract thinking, planning, and impulse control. Brain development begins
at the back and progresses to the front of the brain, with the prefrontal
cortex being one of the last areas to mature (Gogtay et al., 2004; Sowell
et al., 1999).
The prefrontal regions of the brain, which regulate executive function-
ing and oversee critical abilities for decision making, show gradual changes
in structure and function during adolescence (Casey et al., 2000) and are
not fully developed until later in young adulthood (Steinberg, 2007). As a
result, self-regulatory and self-control skills are not yet fully developed. In
contrast, the neural network responsible for social and emotional develop-
ment matures earlier, closer to the onset of puberty, and may well drive
much of adolescent decision making (Steinberg, 2007). This imbalance
between impulsive and reflective neural systems is normal in adolescents
(Steinberg, 2007).
Throughout childhood and early adolescence, the brain undergoes syn-
aptic overproduction, in which connections between neurons proliferate in
the brain. Since this leads to more neural connections than can survive, the
brain then undergoes a selective synaptic “pruning” process in adolescence
into young adulthood, in which unused synapses are selectively eliminated.
The synapses that survive this pruning process become more efficient and
adept at transmitting information between neurons. For the prefrontal
regions of the brain, which is responsible for individuals’ ability to think,
this pruning process results in greater cognitive abilities (Casey et al., 2008;
Giedd, 2008; IOM and NRC, 2011; Johnson et al., 2009; Weinberger et
al., 2005).
At around the same time, a process of myelination occurs, whereby the
amount of white matter—the part of the brain that modulates the signals
between nerves—increases in the prefrontal cortex. In this myelination
process, nerve fibers become coated or sheathed in myelin, a white fatty
substance. Myelin accelerates the velocity at which signals travel along
nerves, making nerve-to-nerve communication faster and more efficient.
This process continues until young adulthood and results in more efficient
neural connections, which in turn results in improvements in higher-order
cognitive functioning, planning, understanding of positive and negative
consequences, and decision making.
During adolescence and through young adulthood, there is also an
increase in the number of dopamine transmitters in the brain. These re-
ceptors connect to the limbic system, which is the part of the brain most
responsible for emotions, rewards, and punishment. This increase in dopa-
mine receptors during this period results in an increased desire for rewards
and increased sensation seeking in order to feed these desires for reward
(Counotte et al., 2011).
Finally, during adolescence and into young adulthood, more and more
efficient connections develop between the prefrontal cortex and the limbic
system. With greater connectivity, there is more likelihood of self-regulation
and impulse control. During adolescence, there is less communication
among the various centers of the brain and, hence, less likelihood to con-
trol impulses associated with rewards (Steinberg, 2013).
ulate pathways for endocrine and behavioral outputs (Jamner et al., 2003;
Swanson, 2000). c-Fos mRNA expression in the paraventricular nucleus is
extremely sensitive to nicotine in the adolescent brain, and only during late
adolescence (not adulthood) does nicotine-induced c-Fos expression appear
in the shell of the nucleus acumbens.
In short, there are multiple brain regions that are highly activated
during adolescence, and these regions form interconnected circuits that
are critical to attention and motivational behavior. It is worth noting that
brain development varies by sex, and these developmental differences may
provide clues to differential rates of tobacco use seen in adolescent boys and
girls. For example, in both animal and human studies, males are often more
responsive to the rewarding effects of nicotine than are females (Donny et
al., 2000; Perkins et al., 1999). There may also be sex differences in the
effects of nicotine withdrawal. In animal models, nicotine administration
in adolescents produces changes in brain circuitry, cell damage, and loss
related to learning and memory, but these effects may be greater in the
female hippocampus than in the male (Slotkin, 2002). To date, however,
it has proved difficult to determine whether sex differences in patterns of
brain development influence differences in the developmental trajectories
of tobacco use.
In sum, brain development continues beyond adolescence into young
adulthood. Individuals continue to undergo normal neurobiological
changes, including developmental transformation of the prefrontal cortex
and limbic brain regions, and myelination of the intracortical and meso-
limbic dopamine systems continues (Benes, 1989; Thompson and Nelson,
2001). These patterns reflect growing executive function control, improved
decision making, and decreases in behavioral impulsivity (Casey and Jones,
2010; Smith et al., 2013; Steinberg, 2004, 2013). The reward centers of the
brain are most activated during adolescence (Chein et al., 2011; Steinberg,
2013).
The literature implies critical findings concerning adolescent and young
adult brain development and its application to tobacco use. Most germane
to this report are the following findings:
tors, such as peers, lower impulse control, increased sensation seeking, and
self-regulation (Smith et al., 2013), particularly in an emotionally charged
situation such as develops when an adolescent is faced with the dilemma
of whether or not to use tobacco.
Given these two paths to decision making, it is evident that adoles-
cents and, in some cases, young adults are strongly susceptible to devel-
opmentally grounded social and emotional influences in making decisions
concerning tobacco use. Delaying the socially sanctioned opportunity for
this decision, and strengthening the social disincentives to use tobacco,
can reasonably be expected to reduce the likelihood that adolescents and
young adults will affiliate with peers who are using tobacco and reduce the
chances that they will be induced or pressured to use tobacco while their
brains continue to mature.
may actually exert more influence than either parents or peers (Ward et al.,
2006). For example, Scull and colleagues (2010) found that adolescents’ be-
liefs regarding the attractiveness of advertisements for alcohol and tobacco,
how realistic they felt the ads were, and how similar they felt they were to
individuals in the ads predicted current use and intentions to use alcohol
and tobacco over and above variables of peer and parental influence.
As described in previously secret tobacco industry documents, tobacco
companies use marketing strategies to shape consumers’ and potential
consumers’ perceptions of risk and to increase beliefs in the acceptability
of tobacco products (Anderson, 2011). For example, the tobacco industry
used terms such as “light” and “mild” to encourage tobacco use as the
awareness of the health dangers of smoking grew (Etter et al., 2003; Gilpin
et al., 2002; Kropp and Halpern-Felsher, 2004; Shiffman et al., 2001;
Tindle et al., 2006). Similarly, a review of more than 900 tobacco industry
documents revealed that menthol cigarettes were marketed as healthier than
non-menthol cigarettes; such marketing was related to adolescents’ and
young adults’ perceptions that menthol-flavored cigarettes were a healthier
alternative (Anderson, 2011; Klausner, 2011). In addition, the tobacco
industry has used aspirational visual imagery (e.g., sexy women smoking,
baseball players using smokeless tobacco) to motivate tobacco use (Cortese
et al., 2009; Mejia and Ling, 2010; Toll and Ling, 2005). The prominent
use of the Internet and social media to market new products such as elec-
tronic nicotine delivery systems (ENDS) and smokeless tobacco further
facilitates these marketing strategies and increases the tobacco companies’
reach, relevance, and opportunities to interact with young consumers,
which results in perceptions of reduced risk, greater benefits, and greater
social acceptability of marketed tobacco products. These messages are espe-
cially effective when the marketing messages appear to come from peers and
other tobacco consumers rather than the manufacturer (Sepe et al., 2002).
Numerous longitudinal studies have found a significant relationship
between exposure to cigarette marketing and subsequent smoking behavior.
Hanewinkel and colleagues (2011), for example, found that adolescents
with high levels of exposure to cigarette advertising were significantly more
likely to smoke than adolescents who had been exposed to low levels of
cigarette advertising, while exposure to other types of advertising did not
affect smoking initiation rates (Hanewinkel et al., 2011). Anti-tobacco
counter-marketing campaigns such as the truth® campaign have also been
shown to be successful at reducing tobacco initiation and use among ado-
lescents and young adults (Davis et al., 2009; Emery et al., 2012; Farrelly
et al., 2005, 2009; Richardson et al., 2010; Sly et al., 2001).
Point-of-sale marketing is also associated with adolescent initiation
of smoking (Slater et al., 2007). In a longitudinal study showing that
adolescents who frequently visit liquor stores, convenience stores, and
IMPLICATIONS
It is clear that the juxtaposition of numerous risk factors during the
adolescent and young adult years is likely to increase the probability that
first trials of tobacco use will turn into persistent use. These factors include
the sequence of neurodevelopment in the adolescent years, the unique sen-
sitivity of the adolescent brain to the rewarding properties of nicotine, the
early development of symptoms of dependence in an adolescent’s smoking
experience (well before reaching the 100-cigarette lifetime threshold), and
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T
he scope of the burden of disease and death that cigarette smoking
imposes on the public’s health is extensive. Cigarette smoking is the
major focus of this chapter because it is the central public health
problem, but the topics of secondhand smoke exposure, smoking of other
combustible tobacco products, smokeless tobacco, and electronic nicotine
delivery systems (ENDS) are also considered. The magnitude of the public
health threat posed by cigarette smoking stems from two factors: (1) the
prevalence of cigarette smoking is so high, and (2) smoking causes so many
deleterious health effects. A policy change that reduces the prevalence of
cigarette smoking will result in a commensurate reduction in the population
burden of disease and death caused by cigarette smoking. The associations
between cigarette smoking and the adverse health effects caused by smok-
ing are dose-dependent (HHS, 2014). Thus, a public health benefit would
be realized if a policy change led to reduced exposure to cigarette smoke
via means other than reducing the prevalence of smoking. For example,
additional reduction in the population burden of smoking-caused disease
and death will be generated if the policy also results in delayed initiation of
cigarette smoking. The population health benefit from delayed initiation, al-
though potentially large, will be less than the benefit from a commensurate
reduction in smoking prevalence because delayed initiation is associated
with reduced exposure to cigarette smoking rather than with the complete
prevention of the exposure. A decrease in the prevalence of cigarette smok-
ing will have additional downstream benefits by reducing the potential for
nonsmokers to be exposed to secondhand tobacco smoke.
91
and in many other high-income nations (Thun et al., 2012). For example,
in the United States cigarette smoking is estimated to account for at least
480,000 deaths per year (HHS, 2014). The magnitude of this burden is a
direct function of two key facts: (1) cigarette smoking causes an incredibly
broad spectrum of short-term and long-term deleterious health effects, and
(2) a large proportion of the population is exposed (i.e., the prevalence of
smoking is very high).
MORBIDITY
Tables 4-1 through 4-3 summarize the preclinical health effects and
morbidity caused by cigarette smoking, organized according to whether the
effects occur in the immediate, intermediate, or long-term time horizon and
by the stages of life usually affected by the health outcome.
Impaired immune status The 2014 Surgeon General’s report was the first
report of the Surgeon General to review thoroughly the contribution of
of varying design have uniformly shown that smokers tend to rate their
overall health status lower than nonsmokers do (HHS, 2004, 2014). The
consistent reporting of poorer self-rated health among smokers compared
to nonsmokers across numerous dimensions of health status provides direct
evidence that smoking impairs the health of cigarette smokers in ways that
are perceptible to the smoker even in the absence of clinical disease.
Nicotine Addiction
Another clinical, immediate adverse health effect of cigarette smoking
is nicotine addiction. The 2012 Surgeon General’s report concluded that
cigarette smoking was causally associated with nicotine addiction, begin-
ning in adolescence (HHS, 2012). The onset of nicotine addiction begins
soon after smoking initiation.
The importance of nicotine addiction as an immediate adverse health
effect cannot be underestimated. Nicotine addiction, via its role in propa-
gating sustained smoking, assumes a role as a central determinant of the
entire catalogue of downstream health effects of cigarette smoking. The
often long-term, sustained addiction to nicotine is the underlying factor
driving the long-term, sustained exposure to the toxins in tobacco smoke
that drive the adverse health effects of cigarette smoking.
having smoked a cigarette in the immediate past but rather require a more
extensive smoking history for the adverse outcome to become manifest.
For example, intermediate adverse health effects are often direct sequellae
of some of the immediate health effects of smoking, such as absenteeism
and medical care utilization, or else they are diagnoses that are precursors
of subsequent, more severe disease endpoints, such as type 2 diabetes and
subclinical atherosclerosis. Cigarette smoking cessation diminishes the risk
of experiencing these intermediate adverse health effects, but individuals
with a past history of cigarette smoking still have greater risks than those
who never smoked.
Absenteeism
Another indicator of diminished health status is absence from work.
Among the many factors that contribute to attendance, health status is
clearly a major determinant. Thus, attendance patterns are potential mark-
ers of health status (Alberg et al., 2003).
Cigarette smoking is a determinant of absence. A substantial body of
evidence on the association in adults between cigarette smoking and ab-
sence from work consistently demonstrates that smokers are significantly
more likely to have greater workplace absenteeism (HHS, 2004). The likeli-
hood of workplace absence increases with the number of cigarettes smoked
per day (HHS, 2004). Furthermore, smoking cessation is associated with
reduced absence rates (HHS, 2004). In addition to smokers having more
episodes of absence than nonsmokers, smokers tend to stay out longer when
they are sick than nonsmokers. Thus, smokers miss more cumulative work
time than nonsmokers (HHS, 2004).
A strong and consistent body of evidence demonstrates that cigarette
smoking is associated with a greater likelihood of absence from work.
This association could be at least partially due to smoking being a marker
for other causes of absenteeism, such as mental illness and abuse of other
substances. In considering the societal toll of cigarette smoking, attendance
is not only a useful marker of diminished health status, but also a marker
of other downstream costs. On the individual level, workplace absentee-
ism can lead to problems on the job and even result in unemployment. At
the societal level, absenteeism decreases productivity and is a drain on the
economy.
in the 2004 and 2014 Surgeon General’s reports yields a clear signal indi-
cating that cigarette smokers generate higher medical care costs and have
more inpatients and outpatient visits than those who do not smoke (HHS,
2004, 2014). Among patients admitted to the hospital, smokers have longer
lengths of stay and incur greater expenses per admission than nonsmokers.
Subclinical Atherosclerosis
Atherosclerosis is a cardiovascular disease precursor that begins early
in life; it is the underlying pathogenic mechanism that ultimately leads to
many cardiovascular disease endpoints. The epidemiologic evidence has
been consistent in demonstrating a strong, dose-dependent association
between cigarette smoking and subclinical atherosclerosis as measured by
carotid intimal–medial thickness. Consequently, cigarette smoking has been
established as a cause of atherosclerosis (HHS, 2004). Establishing the link
between cigarette smoking and atherosclerosis provides a strong, biologi-
cally plausible rationale for the role of cigarette smoking in the pathogen-
esis of clinical cardiovascular endpoints that occur as a consequence of
atherosclerosis.
Diabetes
Type 2 diabetes mellitus is a leading underlying cause of mortality from
cardiovascular disease, and it also leads to other adverse consequences
such as kidney failure and blindness (HHS, 2014). Obesity has long been
established as a major risk factor for diabetes, but the association between
cigarette smoking and diabetes has only more recently been elucidated.
The results of a meta-analysis of 51 prospective cohort studies in the 2014
Surgeon General’s report demonstrated that cigarette smokers have a 30–40
percent greater risk of diabetes than nonsmokers and that there is a strong
dose–response relationship, with the risk increasing with the number of
cigarettes smoked per day (HHS, 2014). In addition to having an increased
risk of developing diabetes, evidence also indicates that, among patients
with diabetes, cigarette smokers are more likely to suffer cardiovascular
complications and to have higher mortality rates. Based on this body of
evidence, the 2014 Surgeon General’s report concluded that cigarette smok-
ing is a cause of diabetes (HHS, 2014).
Periodontitis
A synthesis of the evidence in the 2004 Surgeon General’s report re-
vealed a strong, consistent, and dose-dependent relationship between ciga-
rette smoking and the risk of periodontitis. Based on this evidence, cigarette
smoking was judged to be causally associated with periodontitis. Approxi-
mately one-half of all diagnoses of adult periodontitis are attributable to
cigarette smoking (HHS, 2004).
Asthma Exacerbation
The fact that cigarette smoking is causally associated with so many
outcomes that are relevant to asthma has long raised suspicions that ciga-
rette smoking is a risk factor for asthma. Examples of these asthma-relevant
factors are persistent inflammation, diminished immune status, and the
respiratory symptoms of coughing, phlegm, wheezing, and dyspnea. At the
present time, the evidence is considered suggestive but not sufficient to infer
a causal association between cigarette smoking and the risk of developing
asthma in adolescents or adults or between smoking and the risk of asthma
exacerbations in adolescents (HHS, 2014). However, the 2014 Surgeon
General’s report did conclude that cigarette smoking is causally associated
with asthma exacerbation in adults (HHS, 2014).
Long-Term Morbidity
Cigarette smoking contributes to a major portion of the population
burden of many of the chronic diseases that typically occur in middle and
late adulthood, such as cancer, cardiovascular disease, and COPD (HHS,
2004). As noted below, the full scope of long-term morbidity attributable
to cigarette smoking also extends to numerous other disease endpoints.
Cessation of cigarette smoking diminishes the risk of experiencing these
long-term adverse health effects, but a past history of cigarette smoking
is still associated with increased risk compared to never having smoked
(HHS, 2014).
Cancer
Cigarette smoking is causally associated with 12 different types of
malignancy and is responsible for approximately 30 percent of all cancer
deaths in the United States (ACS, 2007; HHS, 2014). Cigarette smoking has
been known for many years to be a cause of cancers of the lung, oral cavity,
larynx, esophagus, bladder, pancreas, kidney, uterine cervix, and stomach,
and of acute myeloid leukemia. The conclusions of the 2014 report of the
Surgeon General indicate that cigarette smoking is also causally associated
with colorectal cancer and liver cancer. Furthermore, cigarette smoking
is causally associated with clinical precursors of cancer lesions, such as
colorectal adenomatous polyps (HHS, 2014).
Vascular Disease
Cigarette smoking is associated with numerous clinical cardiovascular
disease endpoints, including coronary heart disease, stroke, and abdomi-
nal aortic aneurism. Coronary heart disease is a leading cause of death in
the United States and most high-income countries. Cigarette smoking has
been established as a major cause of coronary heart disease for decades.
The impact of cigarette smoking is particularly strong among younger age
groups, as it causes 40 percent of ischemic heart disease deaths in 35- to
64-year-olds (HHS, 2004).
Cigarette smoking has long been identified as a major cause of cere-
brovascular disease. As with coronary heart disease, the impact of cigarette
smoking is proportionally larger in relatively younger adults. Among 35- to
64-year-olds, more than 40 percent of all cerebrovascular disease deaths are
attributable to cigarette smoking (HHS, 2004).
Cigarette smoking is an established cause of abdominal aortic aneu-
rysm (HHS, 2004). This condition is often fatal and accounts for more than
10,000 deaths per year in the United States.
COPD
The process of inhaling cigarette smoke brings the smoker’s respiratory
system into direct contact with heavy doses of tobacco toxins. Given these
profound levels of exposure, it is not surprising that cigarette smoking’s del-
eterious effects on the respiratory system extend well beyond lung cancer.
Cigarette smoking is estimated to have caused 7.5 million prevalent cases
of COPD in the United States in 2009 (Rostron et al., 2014). More than
138,000 Americans died from COPD in 2010, making it the third leading
cause of death in the United States (Heron, 2013). As the predominant
Rheumatoid Arthritis
Cigarette smoking also causes joint disease. More than 1 million Ameri-
cans have been diagnosed with rheumatoid arthritis, a disease linked to
immune dysregulation. Enough supportive evidence has been accumulated
to indicate a clear link between cigarette smoking and rheumatoid arthri-
tis. The conclusions of the 2014 Surgeon General’s report contained the
conclusion that a causal association has been established between cigarette
smoking and rheumatoid arthritis (HHS, 2014).
as summarized in Table 4-6. Table 4-6 also includes the immediate physi-
ologic effects of smoking from Table 4-1 to emphasize the point that preg-
nant women who smoke incur the same short-term adverse health effects
incurred by all cigarette smokers. It is estimated that more than 400,000
infants are exposed each year to maternal smoking in utero. Furthermore,
recent data indicate that more than 1.2 million births each year in the
United States occur among mothers under 25 years of age. In the United
States in 2012, 31 percent of all births were to mothers less than 25 years
old (1,225,871/3,952,841); of these, 90,095 were to mothers less than 18
years old, 85,310 were to mothers who were 18 years old, and 1,050,466
were to mothers who were 19–24 years old (Martin et al., 2013).
Pregnancy Complications
Maternal smoking during pregnancy reduces the likelihood of a full-
term gestational period with optimal fetal growth. Cigarette smoking by
pregnant women adversely affects pregnancy by making it more likely they
will experience ectopic pregnancies, complications of pregnancy such as
premature rupture of the membranes, placenta previa, and placental abrup-
tion. Furthermore, cigarette smoking in expectant mothers causes preterm
delivery and shortened gestation (HHS, 2004).
TABLE 4-7 Adverse Health Outcomes Causally Associated with Secondhand Smoke Exposure Based on Surgeon
General’s Reports
Stage of Life
Childhood/ Young Middle Older
Health Outcome Infancy Adolescence Adulthood Adulthood Adulthood
Short-Term and Intermediate-Term Health Effects
Maternal/Fetal Development (low birth weight) ü
Ear
Ear Problems ü ü
Middle Ear Disease ü
117
TABLE 4-8 Adverse Health Outcomes with Evidence Suggestive of a Causal Association with Secondhand Smoke
118
Childhood leukemias ü
Childhood lymphomas ü
Childhood brain tumors ü
Nasal sinus cancer ü
Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products
less frequently and the smoke is inhaled less deeply (Alberg et al., 2013).
The available evidence indicating that pipe and cigar smoking have similar
adverse health effects to cigarette smoking thus supports the conclusion
that the impact of a policy change that resulted in lower uptake or delayed
initiation of pipes or cigars would have a significant impact on public health
but would be expected to be less than a similar reduction in cigarette smok-
ing because of the lower exposure to tobacco toxins due to the manner in
which pipes and cigars are smoked.
Another way to smoke tobacco is with a hookah, or waterpipe. From
an exposure assessment perspective, the distinctive features of this tobacco
smoke delivery system are that the tobacco is sometimes indirectly heated
and that the smoke passes through a water column prior to inhalation (Akl
et al., 2010). Hookah use is becoming more common throughout the world,
including in the United States (Cobb et al., 2010; Jawad et al., 2013). In a
study comparing the urinary concentrations of the tobacco-specific nitro-
samine 4-(methylnitrosamino)-1-(3-pyridyl)-1-butanol (NNAL) in cigarette
smokers, hookah smokers, and nonsmokers, it was found that hookah
smokers had significantly higher NNAL concentrations than nonsmokers
but significantly lower concentrations than cigarette smokers (Radwan et
al., 2013). In a study in which urine samples were collected from hookah
smokers before and after they smoked from the hookah, significant post-
smoking increases were noted in the urinary concentrations of nicotine,
cotinine, NNAL, and volatile organic compounds (St. Helen et al., 2014).
Expired carbon monoxide concentrations (Jacob et al., 2011) and benzene
exposure (Jacob et al., 2013) tend to be much higher for hookah smoking
than for cigarette smoking. Studies have assessed the association between
hookah smoking and selected health outcomes, but there is a paucity of
evidence available on this topic, and the body of evidence is generally of
low quality (Akl et al., 2010). In a meta-analysis of data from four studies,
hookah smoking was significantly associated with an increased lung cancer
risk (odds ratio, 2.1; 95 percent confidence interval, 1.3–3.4) (Akl et al.,
2010). In this same systematic review, only one study each was identified
to assess the association between hookah smoking and cancers of the blad-
der, esophagus, and nasopharynx, and none of the observed associations
were statistically significant (Akl et al., 2010). With respect to pregnancy
outcomes, three studies found hookah smoking to be associated with a
significantly increased risk of low birth weight (2.1; 1.1–4.2) (Akl et al.,
2010). In one study, hookah smoking was found to be associated with a
significantly increased risk of respiratory illness (2.3; 1.1–5.1) (Akl et al.,
2010). Definitive conclusions on the risks associated with hookah smok-
ing versus cigarette smoking are not possible with the limited quality and
quantity of the evidence currently available.
Little evidence on the health effects of newer combustible tobacco prod-
not yet available on the health effects of the Swedish-type snus products
presently marketed in the United States.
ENDS
The marketplace for tobacco products and devices that deliver nicotine
has recently expanded in response to the smoking bans that have increas-
ingly limited the locations where traditional cigarette smoking is allowed
(Jawad et al., 2013; Kamerow, 2013; Popova and Ling, 2013; Schuster et
al., 2013). Electronic nicotine delivery systems, or ENDS, have experienced
a rapid upsurge in use and are now marketed by the major U.S. tobacco
companies (Dockrell et al., 2013; Kamerow, 2013; Li et al., 2013; Popova
and Ling, 2013).
Monitoring this expansion in products and how the products are used
is important to tobacco control. An ENDS product that decreases the de-
livery of tobacco toxins would ostensibly also reduce the risk of developing
smoking-caused disease if current cigarette smokers were to switch from
cigarettes to exclusive use of the ENDS. On the other hand, the risk of
smoking-caused disease could be increased if the ENDS maintained nicotine
addiction and its users continued to smoke cigarettes and to use multiple
products that deliver nicotine. Furthermore, these alternative products, par-
ticularly those that involve flavorings attractive to adolescents, may serve as
a gateway for adolescents to initiate smoking and thus start on a path that
eventually leads to tobacco addiction. Currently there is a paucity of data
on issues such as these; along with the direct adverse health effects associ-
ated with use of these alternative products, these remain important lines
of inquiry for future research. Definitive evidence on the long-term health
effects of ENDS products will not be available for many years because any
long-term health effects associated with these products will take decades to
emerge. Furthermore, generating the needed evidence base will be compli-
cated by the facts that there are so many different ENDS products and the
products and their contents are evolving.
Cancer
As a cause of 12 different types of malignancy, cigarette smoking is
responsible for 163,700 cancer deaths per year in the United States (HHS,
2014; NCHS, 2013). Most of this mortality burden (130,700 deaths) is due
to lung cancer, but cigarette smoking also caused 36,000 deaths from other
malignancies (HHS, 2014).
Cardiovascular Disease
Cigarette smoking is estimated to cause 160,600 cardiovascular dis-
ease deaths per year in the United States (HHS, 2014). The majority of the
smoking-caused cardiovascular deaths (99,300 deaths) are due to coronary
heart disease, but smoking also causes 25,500 deaths from other forms of
heart disease. Furthermore, cigarette smoking causes 15,300 deaths from
cerebrovascular disease and 11,500 deaths from other forms of vascular
disease.
Diabetes
Type 2 diabetes mellitus is a leading underlying cause of mortality from
cardiovascular disease, and it also leads to other adverse consequences such
as kidney failure and blindness (HHS, 2014). It is the seventh leading cause
of death in the United States (Heron, 2013). Cigarette smoking is estimated
to cause 9,000 deaths from type 2 diabetes per year in the United States
(HHS, 2014).
COPD
More than 138,000 Americans died from COPD in 2010 (Heron,
2013), making it the third leading cause of death in the United States.
Cigarette smoking is the predominant cause of COPD. Estimates indicate
that 100,600 COPD deaths per year in the United States are attributable
to cigarette smoking (HHS, 2014).
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L
aws aiming to reduce underage access to tobacco include restrictions
on both distribution of tobacco products to and purchase of tobacco
products by underage individuals. Laws limiting distribution apply
both to commercial tobacco sales and to other methods of provision, such
as giving tobacco to a minor or buying tobacco on behalf of a minor (i.e.,
proxy sales). Restrictions on purchase are distinguished from the restric-
tions on distribution by the fact that they punish the underage buyer. Pur-
chase laws are commonly accompanied by restrictions on underage tobacco
use and possession and are therefore frequently referred to as p urchase–
use–possession (PUP) laws. There is vast variation and inconsistency across
the United States in youth access laws and how they are implemented and
enforced. Despite the profusion and complexity of these laws, there is a
common thread, which is that the enforcement of these restrictions has
focused primarily on curtailing youth access to tobacco from commercial
sources. Accordingly, that is the focus of this analysis. This chapter sum-
marizes youth access restrictions in the United States and their enforcement,
and it describes survey data regarding where underage users obtain their
tobacco products.
129
enact and enforce laws prohibiting the sale and distribution of tobacco to
underage persons or face the loss of federal block grant funding for sub-
stance abuse prevention and treatment programs. In 1996 the Food and
Drug Administration (FDA) issued its Tobacco Rule, in which it asserted
its authority to regulate tobacco products (HHS, 1996). As part of this ef-
fort, FDA issued regulations on the advertising and marketing of tobacco
products to reduce the appeal of tobacco to children and adolescents and
also issued restrictions on retail sales to underage persons to reduce youth
access to tobacco. The tobacco industry challenged FDA’s authority to
regulate tobacco in court, and in 2000 the Supreme Court nullified FDA’s
rule on the grounds that Congress had not granted FDA explicit jurisdiction
over tobacco (IOM, 2007).
At the same time that it was fighting federal efforts to regulate tobacco,
the tobacco industry was also battling legal challenges brought by the
attorneys general of individual states. In 1994 Mississippi Attorney Gen-
eral Michael Moore filed a lawsuit against the major tobacco companies
to recoup state Medicaid expenditures on residents with tobacco-related
diseases (IOM, 2007). Attorneys general from every state soon followed
suit, and on November 23, 1998, the attorneys general from 46 states, the
District of Columbia, and several U.S. territories signed the Master Settle-
ment Agreement (MSA) with the major tobacco companies (NAAG, 1998).
(Four states had previously reached a separate settlement with the tobacco
companies, which awarded them $40 billion.) Although the primary aim of
these suits and the resulting agreement focused on the tobacco companies’
payment of $206 billion to the states, distributed from 2000 to 2025, as
a reimbursement for health care costs that the states had incurred because
of tobacco-related health issues, the terms of the agreement also included
the establishment of a national charitable foundation (now known as the
American Legacy Foundation) devoted to reducing adolescent and young
adult smoking and to preventing tobacco-related diseases. The agreement
also included tobacco sales and marketing provisions aimed at reducing
youth access to tobacco. These provisions included bans on gifts to under-
age individuals in exchange for proof of purchase of tobacco products,
gifts through the mail without proof of the recipient’s age, and distribu-
tion of free samples except in locations restricted to adults. The MSA also
restricted cigarette pack size to a minimum of 20 cigarettes and prohibited
tobacco companies from opposing legislation restricting cigarette pack size
through 2001. The MSA further prohibited tobacco companies from legally
challenging the enforceability or constitutionality of state and local tobacco
control laws enacted before June 1, 1998, including state and local youth
access laws that may have been enacted in compliance with Synar.
In 2009 President Barack Obama signed the Family Smoking Preven-
tion and Tobacco Control Act (hereafter referred to as the Tobacco Control
Act) into law, granting FDA broad authority to regulate the manufacture,
marketing, and sales of tobacco products to protect the public’s health and
to reduce adolescent tobacco use.1 In pursuit of these goals, the act directs
FDA to reissue its 1996 Tobacco Rule along with its advertising and ac-
cess regulations. FDA regulations issued under the act currently apply to
cigarettes, cigarette tobacco, and smokeless tobacco. They do not yet cover
other tobacco and nicotine products, such as electronic nicotine delivery
systems (ENDS), or e-cigarettes; cigars; snus; etc. However, FDA has for-
mally proposed to “deem” e-cigarettes, little cigars, and other products
to be “tobacco products” subject to its regulatory jurisdiction under the
Tobacco Control Act (FDA, 2014a). When the final rule is issued and goes
into effect, it will almost certainly extend federal youth access restrictions
to these other products.
The advertising and marketing regulations issued under the Tobacco
Control Act include federal bans complementing the MSA provisions at
the state level: banning the sale of cigarette packs containing fewer than 20
cigarettes and prohibiting the distribution of free samples. The act autho-
rizes FDA to restrict tobacco sales to minors, including requiring face-to-
face sales, with exceptions for vending machines and self-service displays in
adult-only facilities, and requiring age verification for all over-the-counter
sales by checking a driver’s license or other form of photographic identifi-
cation of anyone under age 27. The Tobacco Control Act also grants FDA
the authority to enforce these restrictions, provides a set of sanctions for
violations, and directs FDA to contract with states to assist with retailer
compliance checks—random, unannounced inspections of tobacco retail-
ers—to determine whether retailers are illegally selling tobacco to underage
individuals. In compliance with the congressional direction, FDA reissued
its 1996 Tobacco Rule in 2010 (FDA, 2010).
The Tobacco Control Act also sets limits on FDA’s authority. Limits
relevant to youth access include prohibiting FDA from banning face-to-
face sales by any specific type of tobacco retailer (i.e., FDA cannot ban all
pharmacies or convenience stores from selling tobacco) and from raising
the federal minimum age of legal access to tobacco products (MLA). The
act does, however, establish a federal MLA of 18 without preempting exist-
ing state laws or penalties while allowing states and localities to establish
a higher MLA.
1Family Smoking Prevention and Tobacco Control Act of 2009, Public Law 111-31 111th
Cong. (June 22, 2009).
Finding 5-1: Although most states currently set the minimum age of
legal access to tobacco products at 18, 4 states set it at 19, and New
York City and several other localities around the country have raised
the minimum legal access age to 21.
The Synar program The 1992 Synar Amendment requires states to enact
and enforce laws prohibiting the sale or distribution of tobacco to persons
under age 18 or face the loss of 40 percent of federal Substance Abuse
Prevention and Treatment Block Grants. SAMHSA, charged with imple-
menting the amendment, issued regulations in 1996 to provide further
guidance to states. These regulations stipulate that, in addition to enacting
laws restricting underage access to tobacco, states must also enforce these
laws “in a manner that can reasonably be expected to reduce the extent to
which tobacco products are available to individuals under the age of 18”
(SAMHSA, 1996, p. 1492); must develop a strategy to reduce the rate of
illegal tobacco sales to underage persons to 20 percent or less by 2003;
and must conduct annual compliance checks of retailers selling tobacco
both over the counter and from vending machines to ensure compliance
with the law. Moreover, because Synar primarily aims to survey the rate of
illegal tobacco sales to underage persons, it requires states to demonstrate
that their compliance checks include a statistically representative sample of
tobacco retail outlets accessible to children and adolescents. These compli-
ance checks may (but are not required to) include a state-level enforcement
component. Thus, some programs may not have sanctions for violations
and may instead use other measures, such as education programs targeted
at retailers and mass media campaigns, to ensure high levels of compliance.
Despite the lack of a regulatory requirement, a study of Synar implementa-
tion (DiFranza and Dussault, 2005) found that the Department of Health
and Human Services pressured some states to adopt compliance checks as
tices, relatively few of these practices have been evaluated, and there is little
evidence about which specific enforcement practices successfully reduce the
availability of tobacco to underage individuals.
Finding 5-8: Although there is an illicit market for tobacco products di-
verted from legal channels, there is little evidence that underage persons
are obtaining tobacco from the illegal commercial market.
Social Sources
Despite the facts that underage persons obtain most of their tobacco
products from “social sources” (see next section) and that most state laws
Summary
Although the intensity of retailer enforcement continues to vary widely
among the states, federal support has strengthened state and local enforce-
ment practices across the country. According to data collected by the
federally supported compliance testing program, the national average rate
of tobacco sales to minors (i.e., noncompliance) was 9.6 percent in 2013
and ranged from 1 percent to 20 percent in the individual states. Limited
evidence suggests that youth access restrictions against Internet sellers are
weakly enforced and that tobacco products are relatively easily available
to underage individuals who have credit cards. Although there is an illicit
market for tobacco products diverted from legal channels, there is little evi-
dence that underage individuals are obtaining tobacco from the illegal com-
mercial market. Although almost all states ban noncommercial distribution
to minors, there is no indication in the literature that these restrictions are
being enforced, and the committee strongly suspects that these restrictions
are essentially unenforced throughout the country. As discussed in Chapter
9, the committee does not expect that situation to change, whether or not
the legal purchase age is raised.
Internet vendors Online vendors who mail I bought a pack (or carton) of
tobacco to an individual’s cigarettes myself: … from a
home (or other physical website; … over the Internet.
location)
Social sources Non-licensed non-
commercial distributors
Casual distributors Relatives, friends, and I asked someone to give me a
strangers who give tobacco cigarette; Someone offered me
to underage users a cigarette
Proxy sources Relatives, friends, and I had someone else buy a pack
strangers who purchase of cigarettes for me; I bought
tobacco for underage users cigarettes from another person
and are paid a small fee
(e.g., a few dollars or a
portion of tobacco); gray
market
19. During the past 30 days, how did you get your own cigarettes?
b. I bought a pack of cigarettes myself 27.9 10.8 20.3 71.1 21.7 32.4
c. I had someone else buy a pack of cigarettes for me 30.6 31.4 36.6 9.9 35.3 27.3
d. I asked someone to give me a cigarette 32.0 32.3 34.4 23.8 38.3 27.5
f. I bought cigarettes from another person 8.3 14.2 7.6 4.8 8.4 8.2
g. I took cigarettes from a store or another person 9.9 26.2 6.2 5.2 10.8 9.2
h. I got cigarettes some other way 16.0 40.1 12.0 4.8 14.0 17.5
143
144
TABLE 5-3 Sources of Purchased Cigarettes Among High School Students, by Age and Gender, National Youth
Tobacco Survey, 2012
Percent of Smokers
Age group Gender
Total 9–14 15–17 18+ Female Male
20. During the past 30 days, where did you buy your own cigarettes?
(CHOOSE ALL THAT APPLY)
a. I did not buy cigarettes during the past 30 days — — — — — —
b. A gas station or convenience store 45.8 28.5 43.1 72.3 45.6 46.0
c. A grocery store 7.2 9.5 4.7 13.4 6.6 7.7
d. A drugstore 7.6 8.5 6.2 11.3 7.6 7.6
e. A vending machine 3.6 8.2 2.2 3.8 2.3 4.6
f. Over the Internet 2.1 4.5 1.0 3.5 1.8 2.3
g. Through the mail 1.1 1.4 0.7 2.3 0.7 1.4
h. Some other place not mentioned here 19.3 39.8 17.0 5.9 16.5 21.2
During the past 30 days, about how many times (if any) have you bought cigarettes …
a. By having a friend or relative buy them for you 61.9 60.8 59.6 58.3 66.9 63.3 65.0 61.9
b. On your own from vending machines 16.6 12.4 12.3 10.2 11.0 6.5 5.4 4.5
c. Through the mail 4.0 4.5 6.0 6.5 1.9 2.6 2.2 2.5
d. In a store where you pick up the pack (or carton) and bring 16.6 15.3 14.3 12.0 25.9 15.3 13.2 14.8
it to the checkout counter
e. In a store where the clerk has to hand you the pack or 20.4 17.1 18.1 14.6 35.9 27.8 23.4 24.2
carton
f. Bought them in some other way — 52.9 53.3 53.2 — 37.1 38.8 36.6
During the past 30 days, about how many times (if any) did YOU buy cigarettes for your own use …
a. At a big supermarket 10.0 9.3 9.3 6.9 10.9 8.3 7.4 6.1
b. At a small grocery store 22.2 19.6 16.8 15.2 25.3 20.1 16.2 16.0
c. At a drugstore 13.2 12.4 13.8 13.4 12.1 10.4 11.3 13.1
d. At a convenience store (like a Hop-In or 7-Eleven) or a gas 36.0 31.0 30.3 24.8 48.1 40.2 38.3 37.5
station
e. From a website — 4.4 5.2 6.0 — 2.1 1.9 2.6
NOTE: Entries are percentages of current smokers reporting source of cigarettes.
SOURCE: Committee analysis of Johnston et al., 2014a.
145
TABLE 5-4b Trends in Sources of Cigarettes Among Current Smokers, 12th Grade, MTF, 1997–2013
146
During the past 30 days, about how many times (if any) have you bought cigarettes …
a. By having a friend or relative buy them for you 59.9 59.7 56.3 55.8 20.4 21.8 17.7 21.4
b. On your own from vending machines 10.3 7.1 3.6 4.1 7.1 5.8 5.8 4.4
c. Through the mail 1.3 1.9 1.5 2.5 0.5 2.4 1.8 1.8
d. In a store where you pick up the pack (or carton) and bring 32.5 21.9 17.0 17.1 60.4 35.4 31.9 27.5
it to the checkout counter
e. In a store where the clerk has to hand you the pack or 52.7 47.3 42.8 47.4 82.6 80.6 79.8 75.6
carton
f. Bought them in some other way — 20.2 21.1 25.3 — 13.3 12.7 11.7
During the past 30 days, about how many times (if any) did YOU buy cigarettes for your own use …
a. At a big supermarket 16.3 14.2 9.7 9.3 35.3 28.8 19.7 17.9
b. At a small grocery store 29.1 26.0 17.7 15.4 46.8 39.6 33.7 27.9
c. At a drugstore 14.8 13.6 12.9 15.5 23.8 22.1 19.1 19.9
d. At a convenience store (like a Hop-In or 7-Eleven) or a gas 58.7 57.2 49.2 53.3 81.1 77.3 77.6 72.5
can. “Having a friend or relative buy them for you” was the most often
cited method of access for 12th-grade smokers under the age of 18. For
12th graders who were 18 or older, the most cited method was to purchase
cigarettes for themselves. Twelfth graders under the age of 18 were less
likely than those 18 or older to say they purchased their own cigarettes, but
a considerable proportion did say they purchased their own cigarettes. For
example, in 2010–2013, 47.4 percent purchased cigarettes in a store where
the clerk had to hand them the pack or carton. With respect to the places
where students purchased their own cigarettes, convenience stores and gas
stations were clearly the most common, particularly for those 18 and older.
In both NYTS and MTF, a considerable portion of younger adolescents
reported obtaining cigarettes in “some other way.” These responses likely
include adolescents who are given cigarettes by family members but who
are reluctant to disclose this and thereby inculpate their relatives (CDC,
2014; Johnston et al., 2014b). Among adolescents who reported buying
cigarettes and were asked where (e.g., Table 5-3), the high rates of obtain-
ing cigarettes “from some other place not mentioned here” likely refers to
superstores (e.g., Kmart, Target, Walmart), which have proliferated recently
and do not fall into the other survey response categories (CDC, 2014).
With respect to trends, Tables 5-4a and 5-4b show that self-service
(i.e., purchasing cigarettes in a store where one can pick up a pack or
carton and bring it to a checkout counter) has declined considerably since
1997–2001 among all three grade levels. Purchases from vending machines
are also down, by about half in all groups. Purchasing cigarettes at a big
supermarket or at a small grocery store has declined considerably over time.
Purchases from a website have not changed noticeably and remain at very
low levels.
In addition to trends observed in survey data, limited empirical evi-
dence suggests that the relative reliance on different types of sources has
also changed over time. An analysis of access to cigarettes in the Minnesota
Adolescent Community Cohort (Widome et al., 2007) found that between
2000 and 2003 the likelihood of having obtained cigarettes from a com-
mercial source in the past month declined, while the likelihood of having
obtained cigarettes from a social source in the past month increased. A
New Zealand study (Gendall et al., 2014) of adolescents’ main source of
tobacco supply between 2006 and 2011, which further differentiated by
type of social source (friend, caregiver, or other), found a significant decline
in the percentage of adolescents ages 14 to 15 reporting friends as a main
source of cigarettes, significant increases in the percent reporting caregivers
and others as a main source, and no significant change in the percentage
who reported purchasing from a shop. This shift in sources likely reflects
the success of youth access restrictions at decreasing adolescents’ access to
Table 5-7 shows the responses to the question in the 2012 NYTS:
“During the past 30 days, how did you get your own chewing tobacco,
snuff, or dip?” Among high school students who reported using chewing
tobacco, snuff, or dip in the past 30 days, the most commonly reported
answers were: I bought it myself (32.0 percent); someone offered it to
me (27.7 percent); I had someone else buy it for me (26.4 percent); and I
asked someone to give me some (23.9 percent). Very few younger students
reported using chewing tobacco, snuff, or dip in the past 30 days, so the
data are not reported by age.
Table 5-8 summarizes the responses by current users of chewing to-
bacco, snuff, or dip in the 2012 NYTS, by gender, to the question, “During
the past 30 days, where did you buy your own chewing tobacco, snuff, or
dip?” Among all the current users, and similar to the case for both cigarette
and cigar purchases, by far the most commonly cited specific source was a
gas station or convenience store (43.4 percent).
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U
ltimately, the salient policy question concerning the minimum
age of legal access to tobacco products (MLA) is whether and to
what e xtent raising the MLA would reduce underage tobacco use.
Although several U.S. localities have raised the MLA to 19 and 21 years,
most of these actions have been done only very recently, and to date none
has been systematically evaluated.1 Furthermore, there have been only a
handful of natural experiments in which the MLA for tobacco has been
raised to 16 or 18, and they have taken place in other countries. Indeed,
most of the relevant literature pertains not to raising the MLA but rather to
enforcing an existing MLA more stringently. Therefore, conclusions about
raising the MLA to ages higher than 18 must be extrapolated from review
of other evidence on MLA laws and their enforcement as well as from
analogous policy interventions.
To address the question whether and to what extent raising the MLA
would reduce underage tobacco use, this chapter first reviews the limited
international studies investigating the effect of raising the MLA for tobacco
and then reviews evidence relating to the effects of raising the minimum
legal drinking age for alcohol as an analogous policy intervention in a par-
allel domain. The remainder of the chapter reviews the body of literature
1 Although Needham, Massachusetts, the first jurisdiction in the United States to raise the
MLA to 21, has been cited as having seen significant declines in tobacco use and tobacco-
related disease, there are no published data on these outcomes. In addition, the little available
data that exist (EDC, 2010a,b; NPHD, 2008, 2012) have no baseline measurements and are
confounded by the presence of other tobacco control measures that occurred in the town and
throughout the state of Massachusetts at the same time the MLA was increased.
155
and income) with those not eligible. The study found that the MLA increase
was associated with a significant reduction in regular smoking among all
adolescents, with no differences found between those eligible and ineligible
for free school meals. The study also assessed the effects of raising the MLA
on perceived access to tobacco from retailers. After the MLA increase, the
proportion of students who smoked regularly and perceived that purchasing
cigarettes from a shop was difficult did not increase among those eligible for
free school meals, but it did increase significantly among those not eligible.
At the same time, the percentage of students reporting that purchasing ciga-
rettes from a shop was easy did not change from before the MLA increase
to afterwards. These findings suggest that increasing the MLA decreased
tobacco use overall and that the decrease was neutral with respect to SES.
3 The Centers for Disease Control and Prevention reports that the market share of the
dominant cigar firms is mostly below 20 percent even for specific types of cigars, and different
firms dominate those different segments, whereas three companies control nearly 85 percent
of the cigarette market (CDC, 2014a).
Summary
Although alcohol and tobacco have considerable differences, they are
similar products in many respects. As such, U.S. and international experi-
ence with enacting and raising the minimum legal drinking age may provide
insights into the potential effects of raising the minimum age of legal access
to tobacco products. In particular, experience with alcohol suggests that
raising the MLDA has reduced consumption behaviors among adolescents
and adults as well as reducing alcohol-related adverse events.
Finding 6-1: Evidence from U.S. experience with alcohol has shown
that raising the minimum legal drinking age for alcohol, coupled with
rigorous enforcement and penalties for violations, has been associated
with lowered rates of alcohol consumption among adolescents and
adults as well as with reduced rates of alcohol-related adverse events
(e.g., traffic crashes and hospitalizations).
Decreased Decreased
Minimum Increased
Active retail tobacco underage
legal age retailer
enforcement availability to tobacco
policy compliance
underage youth use
FIGURE 6-1 Simplified logic model of the effects of prescribing and enforcing a
minimum age of legal access to tobacco products.
Declarative effect
Enforcement of
MLA law
• Compliance checks Decreased
• Penalties Decreased
Minimum retail tobacco
Retailer underage
legal age availability to
compliance tobacco use
policy underage
Threat of penalty youth
from enforcement
of MLA law
FIGURE 6-2 Expanded view of the logic model detailing enforcement mechanisms.
Measures of Availability
To assess the overall effect of MLA laws and their enforcement on use,
tobacco availability as a mediating variable can be assessed in two ways.
First, it can be assessed as the “observed availability” measured as the num-
4 In certain circumstances they may also increase the monetary cost (e.g., if only a subset of
retail stores are willing to sell to underage customers, and that restriction makes it harder for
youth to shop for the best prices, or when a youth enlists a proxy purchaser and the proxy
purchase charges a fee for that service).
Declarative effect
FIGURE 6-3 Complete logic model of the effects of prescribing and enforcing a
minimum age of legal access to tobacco products.
General Deterrence
Most studies evaluating enforcement programs investigate the effect of
these programs on the rates of illegal sales by retailers to underage buyers.
These studies support the existence of general deterrence stemming from
the threat of compliance checks. The studies are typically conducted at the
town level and evaluate sales rates before and after the implementation of
an active enforcement program. Most of these studies reported some reduc-
tion in sales rates following the implementation of enforcement activities,
but the reported declines in underage purchases varied, ranging from less
than 10 percent to as high as 68 percent (e.g., DiFranza et al., 2001a; Jason
et al., 1991, 1996, 1999a; Junck et al., 1997; Ma et al., 2001; Mawkes
et al., 1997; Pokorny et al., 2008; Rigotti et al., 1997; Tangirala et al.,
2006). In addition to looking at the rates of illegal sales, some studies (e.g.,
CDC, 1996; Cummings et al., 1998; DiFranza et al., 2001a,b; Schofield et
al., 1997) examined the effect of enforcement activities on other measures
of retailer compliance (e.g., more frequent and consistent age verification
using photographic identification, displaying requisite warning signs, and
Specific Deterrence
Several studies examined the effect of multiple or repeated inspections
on the same vendor. Each of these found that prior checks increased future
compliance, typically measured by reduced likelihood of future illegal sales
(Jason et al., 1996; Pearson et al., 2007; Schensky et al., 1996), while one
found increased age verification but no effect on sales (Cummings et al.,
1998). Taken together, these studies suggest that active enforcement using
compliance inspections may have the specific deterrent effect of increasing
compliance among retailers who have been detected and sanctioned for
illegally selling tobacco to minors as well as a general deterrent effect of
increasing retailers’ perceived threat of enforcement.
Retailer Education
Targeted retailer education has also been employed as a strategy to
increase retailer compliance with the MLA laws, either in lieu of or in
addition to active enforcement. Such education may include direct mailings
with information about the MLA law and potential penalties for violations,
personal visits delivering education kits and other resources, phone calls
presenting information, and letters from senior government officials (e.g.,
the mayor or police chief). Studies of retailer education are mixed. Many
(e.g., Abernathy, 1994; Altman et al., 1989, 1991, 1999; Dovell et al., 1998;
Feighery et al., 1991; Gemson et al., 1998; Keay et al., 1993; Naidoo and
Platts, 1985; Wildey et al., 1995; Woodruff et al., 1993) have found educa-
tion effective at increasing compliance as measured by decreases in the rates
of illegal sales, although some (e.g., Forster et al., 1992; McDermott et al.,
1998; Schofield et al., 1997) have found no effect. Other studies have found
that education increases compliance with other requirements—for instance,
age verification (Krevor et al., 2011) and warning signs (Skretny et al.,
1990). One study that specifically investigated an education intervention
alone compared with the education intervention combined with enforcement
(Feighery et al., 1991) observed a slight reduction in sales following the
education-only intervention and a much larger reduction when enforcement
was added. As such, retailer education programs appear to be more effective
when reinforced by enforcement activities than when implemented alone.
Summary
Limited evidence suggests that the active enforcement of MLA laws
sing random, unannounced compliance checks of tobacco retailers and
u
sanctions for violations tend to reduce underage sales and, as a result,
probably reduces the availability of tobacco to underage individuals from
commercial tobacco retailers. Furthermore, additional measures such as
targeted retailer education about sales laws, community education and
mobilization, and mass media campaigns appear to bolster the effect of
enforcement activities on increasing retailer compliance. However, evidence
on the relationship between the intensity of the enforcement of the tobacco
MLA restrictions and retailer compliance is slim.
mass media campaigns on underage smoking are mixed. While two studies
(Chen and Forster, 2006; Cook et al., 2000) found that comprehensive
programs decreased smoking prevalence, one study (Altman et al., 1999)
reported mixed results. A fourth study investigating effects of a compre-
hensive program on both adolescent and adult smoking (Rohrbach et al.,
2002) found that multicomponent exposure was associated with reductions
in adult but not adolescent smoking prevalence.
Perceived Availability
One notable trend in adolescents’ access to cigarettes is that the perceived
ease of access has declined considerably in recent years. The Monitoring the
Future surveys ask 8th and 10th graders how difficult they think it would
be for them to get cigarettes, if they wanted to. Among 8th graders in 1996,
77 percent said they could get cigarettes “fairly easily” or “very easily,” while
in 2013 that figure had declined to 50 percent. Among 10th graders, the
corresponding decline was from 90 percent to 70 percent. Thus, although
most adolescents still believe they could easily obtain cigarettes, reports of
easy access have declined considerably over time (Johnston et al., 2014).
This finding is also consistent with reduced retail availability and incomplete
substitution by social sources.
Summary
Findings about the effects of retail enforcement, retail compliance,
and comprehensive interventions on underage tobacco use are difficult to
5 Indeed, adolescents achieve increasing mobility as they begin to drive, and implementation
at the town or county level may have a smaller effect than state- or national-level implementa-
tion due to the potential smuggling of tobacco from neighboring jurisdictions where tobacco
availability is higher. Lessons from the alcohol experience suggest precisely this: Lovenheim
and Slemrod (2010) and Dejong and Blanchette (2014) examined the effect of a minimum legal
drinking age on fatal traffic accidents when states were implementing an MLDA of 21 in a
patchwork while the national MLDA remained 18. Their analysis of county-level data found
no reduction in fatal traffic crashes involving youth in counties with an MLDA of 21 that were
within 25 miles of a state with a lower minimum drinking age, but significant reductions in
fatal traffic crashes involving youth in counties further from the state borders.
Summary
Evidence on the independent effect of youth access policies in the
context of other tobacco control policies is mixed. However, studies of
multiple statewide retailer interventions that include active enforcement of
the MLA restrictions suggest that these interventions are effective in reduc-
ing underage use. Moreover, there is some evidence that comprehensive
tobacco programs that include youth access restrictions are effective at
reducing underage tobacco use, although it is difficult to isolate the relative
contributions of youth access restrictions in these comprehensive programs.
SUMMARY
This chapter reviewed the existing evidence on the effects of raising the
minimum legal age to purchase tobacco products, in particular the effect on
underage tobacco use. No published evidence is yet available on the effects
of raising the MLA to 21 in any of the localities in the United States that
have done so. Limited international evidence suggests that raising the MLA
from 16 to 18 in countries that already had an actively enforced MLA can
be implemented successfully to reduce the availability of retail tobacco to
newly underage persons and thereby reduce underage tobacco use. Experi-
ence with raising the minimum legal drinking age for alcohol in the United
States from 18 to 21 is instructive for tobacco control, in that it has led
to reductions in the use of alcohol and concomitant harms, such as motor
vehicle accidents in the underage population, although it also demonstrates
that the prevalence of underage drinking remains high.
In light of the dearth of direct evidence on the effects of raising the
MLA for tobacco, the committee focused its attention on the substantial
body of literature on the effects of enforcing the MLA restrictions that have
already existed in the United States for more than two decades. This litera-
ture suggests that the MLA policies that are actively enforced and supported
by other retailer interventions will likely increase retailer compliance and
thereby reduce retail tobacco availability to underage individuals. Further-
more, although increased retailer compliance is predictably accompanied
by a corresponding increase in the use of social sources to obtain tobacco,
this substitution of sources is likely to be incomplete, leading to decreased
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T
he charge to the committee, as discussed in Chapter 1, was to assess
the public health implications of raising the minimum age of legal
access to tobacco products (MLA) through a review of the literature
on tobacco initiation, modeling, and other approaches, as appropriate.
This chapter provides the rationale for the committee’s consensus conclu-
sions about the likely effects of raising the MLA on tobacco initiation. The
committee’s conclusions serve as inputs to the two commissioned models,
which provide quantification of the likely effects of increases in the MLA
on smoking prevalence in the United States. The two simulation models
used for the findings presented in both this chapter and the next (the Cancer
Intervention and Surveillance Modeling Network [CISNET] and SimSmoke
models) are well established approaches for estimating the likely impact of
changes in tobacco control policies on population-level smoking initiation
and prevalence, and on population health outcomes. The next chapter
(Chapter 8) uses the results presented in this chapter (i.e., the estimates of
the effects of different MLA policies on smoking initiation) as inputs for
modeling several important public health outcomes, smoking-related mor-
bidity and mortality. Chapter 8 concludes with a discussion of the likely
effect of a change in the MLA on the many tobacco-related health effects
not modeled.
METHODS
The committee followed a principled and evidence-based process to
arrive at its estimates of the potential impact of a change in the MLA on
193
hood, and cessation rates start to increase during that same period. Thus,
changes in the MLA will have their strongest impact on rates of initiation.
The committee based its estimates on an understanding of factors that
are most relevant to achieving the threshold of 100 cigarettes for initiation,
the data about which come from the National Health Interview Survey
and are used in the simulation models in Chapter 8. The committee con-
sidered factors that operate both directly on tobacco use, such as access to
tobacco products, and factors that operate more indirectly or distally, such
as changes in biological vulnerability to the effects of nicotine with age or
changes in social norms that indirectly affect motives for use. Smoking at
least 100 cigarettes in one’s lifetime goes beyond occasionally trying ciga-
rettes or “experimentation.” To achieve the benchmark of 100 cigarettes,
an individual must have access to cigarettes over a period of time and is
also likely to have developed symptoms of dependence and stronger mo-
tives for use beyond any perceived peer or social group pressure (Dierker
and Mermelstein, 2010). Thus, the factors that influence vulnerabilities to
developing dependence are more central to achieving the initiation thresh-
old than factors related to the vulnerabilities to trying just one cigarette.
A critical component in the development of dependence and in contin-
ued tobacco use is the reinforcing effects of nicotine. As reviewed in Chap-
ter 3, adolescents are at a heightened sensitivity to the rewarding effects
of nicotine, and this sensitivity diminishes with age (Adriani et al., 2006;
Jamner et al., 2003). Thus, the probability of use escalating to dependence
after the first few trials is likely to decrease as one moves further away
from adolescence. In addition, better developed executive functions provide
young adults with increased decision-making capacity compared to younger
adolescents, especially during times of emotional arousal (Steinberg, 2007),
and, as a consequence, young adults may be less susceptible to cues to use
tobacco than adolescents. These changes in biological vulnerabilities with
age provide good support for suggesting that initiation rates and overall
prevalence will decline with each increase in the MLA.
However, changes in the prevalence of tobacco use may not necessarily
be linear with increases in the MLA or equal for all segments of under-
age individuals. Consider, for example, the declarative effect of raising
the MLA. Changing the MLA has an indirect effect of helping to change
norms about the acceptability of tobacco use, but this effect may take
time to build. In addition, norms about the acceptability of tobacco use
are also likely to vary by age, with a more stringent perceived unaccept-
ability the farther away one is in age from the MLA. For example, if the
MLA increases to 21, the social unacceptability of smoking is greater for a
16-year-old than it is for a 20-year-old.
Given this assumption that changes in the MLA will have different
effects on adolescents at different ages, the committee considered possible
changes in initiation rates for three age divisions: (1) children and adoles-
cents under age 15, (2) adolescents between 15 and 17, and (3) individu-
als at age 18 (for estimates of MLA of 19) or individuals at ages 18–20
or 21–24, for an MLA change to either 21 or 25. These age groupings
reflect not just differences in years from the MLA but several important
life developmental transitions that play a role in tobacco use as well. These
developmental transitions include the increased mobility that comes with
driving privileges, changes in social networks as adolescents enter and leave
high school or transition to higher education, changes in employment lev-
els and venues, leaving home, and potential changes in relationship status
(e.g., marriage) and parenthood (Arnett, 2000, 2004; IOM and NRC,
2014; S ettersten and Ray, 2010). Each of these life transitions and markers
changes both potential sources of access to tobacco as well as motives for
use (Bachman et al., 2002).
that raising the MLA to 21 will have a substantial impact in reducing the
prevalence of tobacco use. Raising the MLA further to 25 may provide only
an additional modest reduction in prevalence over that achieved with an
MLA of 21, given that the resulting changes to social network sources may
not be substantially different. However, boosting the MLA to 25 does have
the additional benefit of social norm change.
Balancing these factors, the committee estimates that, for all the policy
options considered, the reduction in initiation in the 15- to 17-year-old age
group will likely be greater than the reduction in initiation among adoles-
cents less than 15 years of age. Furthermore, the committee estimates that
the higher the MLA is raised, the greater the effect on initiation rates is
likely to be.
reduce the various motives for smoking (Bachman et al., 2002). In addi-
tion, young adults who have not yet begun smoking have likely developed
coping strategies other than smoking for dealing with mood management
and life stressors. Thus, the overall probability of new initiation is substan-
tially lower. However, current patterns of tobacco marketing suggest that
young adults are increasingly being targeted in tobacco promotions (Ling
and Glantz, 2002), and tobacco promotions are frequently linked with bar
settings and alcohol consumption, which may also keep this age group
susceptible to initiation (Ling and Glantz, 2002). In addition, the commit-
tee considered that there may be more lax enforcement for an MLA of 25.
Considering the balance of factors, the committee anticipates that some
reduction in initiation would still occur with a raise in the MLA to 25 but
that this reduction will be small.
Rebound
Changes in the MLA for tobacco may also create some rebound
e ffects—that is, delaying initiation to a later age. Rebound will result in
increases in initiation over what has been seen historically in a given age
group. The committee anticipates that most of the potential rebound from
delayed initiation will occur in the first year after the new MLA and that
this effect is likely to be modest. The changes in the MLA are likely to have
an effect of further moving social norms and attitudes toward discouraging
tobacco use and making it less appealing. These social normative changes
may help to reduce rebound effects. Rebound may be most likely at the
lower end of young adulthood (18–21) and very unlikely after age 25, when
decision making has matured, individuals have established other coping
strategies, and normative developmental life changes often further push
individuals away from tobacco use.
Intensity
The models commissioned by the committee considered only changes
in initiation and not changes in intensity of smoking. Intensity is important
to consider both because of its strong association with nicotine dependence
(Fagerstrom et al., 1990; Prokhorov et al., 1996), and thus difficulties in
quitting tobacco use and also because of the strong dose–response rela-
tionship between smoking intensity and morbidity (Hu et al., 2006). It is
reasonable to expect that changes in the MLA for tobacco will also change
the intensity of smoking for underage individuals, given the likely resulting
changes in the ease of access to tobacco. At the same time, though, there is
a background of ongoing historical changes, with overall consumption and
intensity both decreasing among smokers, as there are more environmental
Reduction in initiation for young adults ages 19–20 n/a medium medium
Reduction in initiation for young adults ages 21–24 n/a n/a small
Changes in the MLA will increase the MLA 21 will begin to change access to
negative social consequences of tobacco tobacco products from social sources, much
use; adolescents at this age are most more so than MLA 19. MLA 25 will have
likely to get tobacco from social sources, only modest additional changes to social
including from coworkers above the MLA. network, but includes benefits of social norm
change.
Most graduate from high school and Networks of 18-year-olds overlap with
experience life transitions. However, some 19-year-olds but less so with those 21 or over.
18-year-olds are in high school with, or
are friends with, 19-year-olds who could
purchase tobacco products.
Young adults benefit from increased 19- and 20-year-olds are often in college or
executive functioning, as well as decreased the workforce, and their network of friends
sensitivity to rewarding properties of includes those age 21 and older. MLA 25 will
nicotine and decreased social value of have only modest additional changes to their
tobacco and motives for use as individuals social network, but includes benefits of social
enter workforce or parenthood. norm change.
The probability of initiation among young There could be more lax enforcement of
adults ages 21 to 24 is substantially MLA 25 in this age group. The tobacco
less than at earlier ages. Developmental industry engages in extensive marketing in
changes in life setting and milestones are bars to which this age group will have legal
likely to reduce motives for smoking. access; many young adults link smoking and
Young adults in this age group have likely drinking behaviors.
developed coping strategies other than
smoking.
MODELING
For this report, the committee used the CISNET smoking population
model (hereafter referred to simply as the CISNET model) calibrated to
data from 36 National Health Interview Surveys covering the years 1965–
TABLE 7-2 Committee Estimates Regarding Effects on Initiation with Qualitative Descriptors and Numeric Estimates
MLA 19 MLA 21 MLA 25
Qualitative Numeric Qualitative Numeric Qualitative Numeric
Reduction in Initiation by Age Group Descriptor Estimate Descriptor Estimate Descriptor Estimate
Reduction in initiation for adolescents under age 15 small 5% medium 15% medium 15%
Reduction in initiation for adolescents ages 15–17 small 10% large 25% large 30%
Reduction in initiation for young adults age 18 small 10% medium 15% medium 20%
Reduction in initiation for young adults ages 19–20 n/a n/a medium 15% medium 20%
Reduction in initiation for young adults ages 21–24 n/a n/a n/a n/a small 5%
25. The mid-estimate is treated as a geometric mean, not an arithmetic mean, thus, upper estimates are calculated as 1.2(x) and lower estimates as
x/1.2 for MLA 19 and MLA 21 and as 1.4(x) and x/1.4 for MLA 25, resulting in slightly nonsymmetric ranges around the mid-estimates. These
ranges do not represent bounds or a measure of uncertainty in a classical statistical sense. Rather, these values reflect ranges that the committee
deemed plausible as described in the text.
207
Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products
1 See https://resources.cisnet.cancer.gov/projects/#shg/iomr.
0.04
● MLA21 mid−scenario
●
●● ●
0.02
0.02
●
● ● ●
● ●● ●
● ●
● ● ●●
● ● ● ●
●● ●●
● ●● ● ●●
● ●●● ●●●
0.00
0.00
●●●●●●●● ● ●●●●●●●
●●●●●●●●●●● ●●●●●●●●●●●● ●●●●
0 10 20 30 40 0 10 20 30 40
Age Age
0.04
●
●
●●
●
● ●
● ●
0.02
0.02
● ●●
● ●● ●
●
● ●
● ●
● ●● ●
●
● ● ●
0.00
0.00
● ●
●●●●●●●●●●● ●●●●●●●●●●●●● ●●●●●●●●●●●● ●●●●●●●●●●●●●●●
0 10 20 30 40 0 10 20 30 40
Age Age
FIGURE 7-1 Initiation rates by age under baseline and middle scenarios for the
effects of raising the MLA to 21.
Smoking Prevalence
The models estimate the impact of reduced and delayed initiation on
future annual U.S. smoking prevalence (described below) and smoking-
related health outcomes (shown in Chapter 8), assuming that the MLA
would change in 2015 and go into full effect immediately (with progres-
sive staggered implementation evaluated in sensitivity analyses). Although
raising the MLA could also affect future rates of cessation and smoking
intensity, the models did not incorporate effects on these rates because of
uncertainty about the potential impacts. Thus, this represents a conserva-
tive assumption (one that underestimates the health benefits of the MLA
policy), considering the substantial evidence linking delayed initiation with
higher smoking cessation and lower smoking consumption rates.
Status Quo
8 10 1 14 1 18
MLA9
MLA 21
MLA25
Women Men
10 12 14 16
Smoking prevalence (%)
FIGURE 7-2 CISNET model-projected smoking prevalence for the three mid-MLA
scenarios for adults (18+), adult women, and adult men in the United States for
2014–2100.
Status Quo
ML$ 19
16
MLA 21
MLA25
14
12
10
Women 10 12 14 16 18 20 Men
16
Smoking prevalence (%)
FIGURE 7-3 Projected smoking prevalence predicted by the SimSmoke model for
adults (18+), adult women, and adult men in the United States for 2014–2100.
MLA 19
SimSmoke prevalence 15.7 12.9 12.4 12.3 12.3
reduction versus SQ 0.4% 1.8% 2.7% 3.0% 3.0%
(0.2, 0.6) (1.3, 2.4) (1.9, 3.5) (2.1, 3.9) (2.1, 3.9)
CISNET prevalence 15.2 10.2 8.8 8.5 8.4
reduction versus SQ 0.2% 1.8% 2.9% 3.3% 3.3%
(0.14, 0.21) (1.5, 2.3) (2.4, 3.8) (2.7, 4.3) (2.7, 4.3)
MLA 21
SimSmoke prevalence 15.4 12.2 11.4 11.3 11.2
reduction versus SQ 2.0% 8.3% 10.3% 11.2% 11.2%
(1.5, 2.4) (5.8, 8.9) (8.3, 12.7) (9.0, 13.7) (9.0, 13.7)
CISNET prevalence 15.1 9.7 8.1 7.8 7.7
reduction versus SQ 0.4% 6.4% 10.6% 11.9% 12.0%
(0.37, 0.53) (5.4, 8.8) (8.8, 12.9) (9.9, 14.5) (10.0, 14.7)
MLA 25
SimSmoke prevalence 15.2 11.7 10.8 10.7 10.7
(2.9, 4.8) (9.2, 15.2) (12.6, 20.9) (13.4, 22.3) (13.4, 22.3)
CISNET prevalence 15.1 9.5 7.8 7.4 7.3
reduction versus SQ 0.5% 8.3% 13.8% 15.6% 15.7%
(0.36, 0.71) (5.9, 11.7) (9.8, 19.4) (11.1, 21.9) (11.2, 22.1)
213
Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products
reduction represent the results from the lower and upper estimate scenarios
(see Table 7-3) for effects on initiation for each MLA option. The results
in Table 7-4 demonstrate that although the absolute prevalence predictions
differ between the models, the two models predict similar percentage reduc-
tions in smoking for each MLA relative to the status quo. Specifically, both
models estimate a roughly 3 percent decrease in the 2100 prevalence for
the mid-MLA 19, an 11–12 percent decrease for the mid-MLA 21 scenario,
and a 15.7 percent decrease for the mid-MLA 25 scenario.
Finding 7-2: The models predict that raising the minimum age of legal
access to tobacco products would lead to additional reductions beyond
the status quo in smoking prevalence based on reasonably conservative
assumptions about the potential reductions in smoking initiation rates.
Finding 7-3: Raising the minimum age of legal access to tobacco prod-
ucts to 21 or 25 years would lead to larger reductions in smoking
prevalence than the status quo or an increase of the MLA to 19.
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Health Benefits of
Raising the Minimum Age of
Legal Access to Tobacco Products
T
he preceding chapter describes the committee’s conclusions regard-
ing the likely effects of raising the minimum age of legal access to
tobacco products (MLA) on initiation of tobacco use by adolescents
and young adults under each of the three policy options: MLA 19, MLA 21,
or MLA 25. The committee uses SimSmoke and Cancer Intervention and
Surveillance Modeling Network (CISNET) simulation modeling to project
numerical estimates of how, through to the year 2100, these effects on ini-
tiation would affect cigarette smoking prevalence, as the cohorts affected
by an MLA increase age into adulthood and, in fact, through middle and
older ages. This chapter uses those changes in initiation and prevalence
to model the likely effects on morbidity and mortality. Projections from
CISNET and SimSmoke include some measures of mortality (premature
deaths, years of life lost [YLL], and lung cancer deaths) and of morbidity
(low birth weight, pre-term birth, and sudden infant death syndrome, or
SIDS). The chapter concludes with the committee’s findings and conclu-
sions on the likely e ffects of raising the MLA on the many other important
health outcomes not included in the modeling exercise. See Appendix D for
a detailed discussion of the models.
219
the minimum age of legal access to tobacco products.1 The mortality pre-
dictions by birth cohort summarize in a single statistic the cumulative ef-
fects of raising the MLA on the mortality experienced by new generations
throughout their lifetime.
Table 8-1 presents the CISNET model projections of lifetime deaths
prevented by birth cohort (i.e., for the hypothetical population of U.S.
individuals born in 2000–2019, 2020–2039, . . ., and 2080–2099) for the
status quo as well as the premature deaths2 prevented by the mid-scenario
of the three MLA policy options for initiation, along with the percentage
mortality reduction. The projections show that for each MLA the percent-
age reduction in premature deaths appears to be consistent across birth
cohorts; this makes sense because all the cohorts would reach adulthood
after—sometimes substantially after—implementation of the law. Nonethe-
less, the number of deaths prevented for each birth cohort varies because
of differences in the projected size of these different cohorts, with more
lives saved in a larger cohort than in a smaller cohort even with the same
proportionate reductions. The results show that MLA 19 could reduce the
lifetime smoking-attributable deaths versus the status quo by approximately
3 percent, with reductions of 11 percent for MLA 21 and 15 percent for
MLA 25. Hence, the projected reductions in smoking-related deaths track
the long-run projected declines in smoking prevalence. The results show
similar patterns for the upper and lower estimates3 of smoking initiation
(see Appendix D).
Figure 8-1 shows the CISNET model estimates of the cumulative num-
bers of premature deaths prevented from 2014 to 2099 for each MLA;
these cumulative numbers aggregate over all individuals in the birth cohorts
alive during the time period. The lines represent the mid-estimate, and the
shaded regions correspond to the upper and lower (see Table 8-2). The fig-
ure shows the considerable gains achieved by both MLA 21 and MLA 25
1 Modeling results are presented as cohort effects or period effects. Cohort effects are pat-
terns that differentiate individuals born in the same epoch or generation. Period effects are
patterns that characterize individuals who happened to be alive at a certain point in time,
independent of their age or generation.
2 Premature deaths are the difference between the effective mortality rate versus the mor-
tality rate of never smokers multiplied by the corresponding age-specific population (see
Appendix D).
3 As described in Chapter 7, the simulation models include a range of potential values, re-
sulting in upper and lower estimates around the mid-estimate that vary according to the degree
of the committee’s uncertainty, with a broader range for the MLA of 25. The effect ranges do
not represent bounds or a measure of uncertainty in the classical statistical sense. Rather, these
values reflect ranges that the committee deemed plausible. The mid-estimate is treated as a
geometric mean rather than an arithmetic mean; thus, upper estimates are calculated as 1.2(x)
and lower estimates as x/1.2 for MLA 19 and MLA 21 and as 1.4(x) and x/1.4 for MLA 25,
resulting in slightly nonsymmetric ranges around the mid-estimates.
NOTE: Although the table carries many significant figures to aid in reproducibility, precision is limited to one or two digits.
221
Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products
400,000 500,000
MLA19
MLA21
Cumulative premature deaths prevented
MLA25
300,000
200,000
100,000
0
FIGURE 8-1 Predicted number of premature deaths prevented (lives saved) for the
three MLA policies using the CISNET model. Lines correspond to the mid-scenario
for each MLA. Shaded regions represent the area between the upper and lower
scenarios for each MLA.
in comparison with MLA 19, with the mortality benefits beginning many
years after implementation of the policy, because smoking-attributed mor-
tality becomes more significant after age 40 and the policy primarily affects
adolescent and young adult initiation. The figure shows the preservation of
the general patterns across the mid, upper, and lower initiation scenarios.
Table 8-2 shows the predicted number of premature deaths due to
smoking for selected periods as well as the corresponding number of deaths
prevented and the percentage reduction for each of the MLA mid-estimate
scenarios. According to the CISNET model, raising the MLA to 19, 21, or
25 would save approximately 66,000, 250,000, or 330,000 lives, respec-
tively, by 2100. Of those lives saved, 23,000 (MLA 19), 90,000 (MLA 21),
and 120,000 (MLA 25) would be premature deaths avoided among people
MLA 19
Deaths prevented — 3,000 20,000 43,000 66,000
Percentage reduction 0.0% 0.1% 0.7% 2.2% 0.0%
Deaths prevented — 3,000 11,000 9,000 23,000
(ages <65)
MLA 21
Deaths prevented — 11,000 75,000 163,000 249,000
Percentage reduction 0.0% 0.2% 2.6% 8.2% 0.3%
Deaths prevented — 11,000 43,000 36,000 90,000
(ages <65)
MLA 25
Deaths prevented — 14,000 99,000 216,000 329,000
Percentage reduction 0.0% 0.3% 3.4% 10.8% 1.3%
Deaths prevented — 14,000 57,000 47,000 118,000
(ages <65)
NOTE: This assumes the use of mid-scenarios and that the policy is implemented in 2015.
Although the table carries many significant figures to aid in reproducibility, precision is limited
to one or two digits.
younger than 65 years. The table shows that the percentage of p remature
deaths prevented would increase progressively with time, going from ap-
proximately 0.1 percent, 0.2 percent, and 0.3 percent in 2040–2059 to
2.2 percent, 8.2 percent, and 10.8 percent in 2080–2099 for MLA 19,
MLA 21, and MLA 25, respectively, all based on the mid-estimate scenarios.
Figure 8-2 shows the SimSmoke model estimates of the number of
smoking-related deaths that would be prevented from 2014 to 2100 for
each MLA. The model projects more prevented deaths than the CISNET
model primarily because of the higher future smoking prevalence predicted
by the SimSmoke model and the model differences in assumed mortality
rates for current smokers. The CISNET model also allows for differential
age-specific mortality by smoking intensity, which is particularly relevant
due to the significant decreases in smoking intensity levels projected by the
CISNET model under the status quo (see Appendix D).
The relative proportion of deaths prevented between the three MLAs
appears consistent across the two models, with MLA 21 and MLA 25 lead-
1,500,000 MLA19
MLA21
Cumulative premature deaths prevented
MLA25
1,000,000
500,000
0
ing to significantly greater proportions of lives saved than with MLA 19.
In contrast with the SimSmoke model, the CISNET model’s projections of
premature deaths prevented for the upper MLA 21 scenario and the lower
MLA 25 scenarios overlap, although they still lead to significantly larger
gains compared to MLA 19, just as in SimSmoke. Table 8-3 shows the
SimSmoke model’s projected number of premature deaths due to smoking
for selected periods as well as the corresponding number of deaths pre-
vented and the percentage reduction for each of the MLA mid-scenarios.
The table shows that the SimSmoke model estimates that the percentage
reduction in smoking-attributed mortality increases progressively with time,
from approximately 0.1 percent, 0.8 percent, and 1.5 percent in 2040–2059
to 2.5 percent, 9.9 percent, and 14.5 percent in 2080–2100 for MLA 19,
MLA 21, and MLA 25, respectively. Thus, although the absolute numbers
MLA 19
Deaths prevented — 9,000 50,000 106,000 165,000
Percentage reduction 0.0% 0.1% 1.0% 2.5% 0.6%
Deaths prevented — 9,000 28,000 23,000 60,000
(ages <65)
MLA 21
Deaths prevented 1,000 51,000 229,000 423,000 705,000
Percentage reduction 0.0% 0.8% 4.6% 9.9% 2.6%
Deaths prevented 700 51,000 108,000 89,000 249,000
(ages <65)
MLA 25
Deaths prevented 4,000 99,000 375,000 620,000 1,098,000
Percentage reduction 0.0% 1.5% 8.6% 14.5% 4.1%
Deaths prevented 4,000 94,000 156,000 129,000 383,000
(ages <65)
NOTE: Assumes the use of mid-scenarios and that the policy is implemented in 2015. Al-
though the table carries many significant figures to aid in reproducibility, precision is limited
to one or two digits.
NOTE: Although the table carries many significant figures to aid in reproducibility, precision is limited to one or two digits.
NOTE: Although the table carries many significant figures to aid in reproducibility, precision is limited to one or two digits.
Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products
MLA19
MLA21
MLA25
Lung cancer deaths prevented per year
3,000
2,000
1,000
0
MLA19
MLA21
80,000
MLA25
Cumulative lung cancer deaths prevented
60,000
40,000
20,000
0
Year
FIGURE 8-4 CISNET model estimates of the number of cumulative lung cancer
deaths prevented per year for the three MLAs (mid-scenario).
overall mortality, the model predicts that raising the MLA to 21 or 25 would
lead to a considerably higher number of lung cancer deaths prevented than
if the MLA was raised only to 19. Table 8-6 shows the projected number of
lung cancer deaths and deaths prevented for selected periods for each MLA
(mid-scenario). The table shows the progressive increase in the percentage
of lung cancer deaths prevented, going from 0.1 percent, 0.3 percent, and
0.4 percent in 2040–2059 to 2.9 percent, 10.5 percent, and 13.6 percent in
2080–2099 for MLA 19, MLA 21, and MLA 25, respectively.
Finding 8-2: Raising the minimum age of legal access to tobacco prod-
ucts to 21 or 25 years would lead to larger reductions in smoking-
attributable mortality than keeping the status quo or raising the MLA
to 19 years.
TABLE 8-6 Lung Cancer Deaths and Prevented Deaths by Period Under
Each MLA (CISNET)
2020–2039 2040–2059 2060–2079 2080–2099
Status Quo 1,388,000 771,000 510,000 431,000
MLA 19 0 1,000 5,000 12,000
averted percentage reduction 0.0% 0.1% 1.0% 2.8%
MLA 21 0 3,000 19,000 45,000
averted percentage reduction 0.0% 0.4% 3.7% 10.4%
MLA 25 0 3,000 24,000 59,000
averted percentage reduction 0.0% 0.4% 4.7% 13.7%
NOTE: Although the table carries many significant figures to aid in reproducibility, precision
is limited to one or two digits.
The SimSmoke model projected the effects of raising the MLA on the
incidence of pre-term births (PTBs), low birth weight (LBW), and SIDS.
The focus on maternal health outcomes required modification of the model
to distinguish the number of smoking women who become pregnant and
the number of children born to smoking women. The model calculated
the number of cases of smoking-attributable birth outcomes using stan-
dard a ttribution formulas based on relative risks and projected smoking
prevalence (HHS, 2010; Levin, 1953; Lilienfeld and Lilienfeld, 1980) (see
Appendix D).
Tables 8-7, 8-8, and 8-9 show the predicted cumulative numbers of
LBW, PTB, and SIDS, respectively, for each MLA for the mid-scenario and
the corresponding number of averted cases versus the status quo for se-
lected years. For mothers ages 15 to 49, the SimSmoke model predicts that
about 124,000 LBW cases, 82,000 PTBs, and 1,100 SIDS deaths would be
averted between 2015 and 2100 for MLA 19. These increase to 438,000
LBW cases, 286,000 PTBs, and 4,000 SIDS deaths averted under MLA 21
and to 597,000 LBW cases, 388,000 PTBs, and 5,400 SIDS deaths averted
under MLA 25. Thus, about three times more cases could be avoided under
MLA 21 than under MLA 19, while only about 1.35 times more cases could
be prevented under MLA 25 than under MLA 21.
NOTE: Although the table carries many significant figures to aid in reproducibility, precision
is limited to one or two digits.
NOTE: Although the table carries many significant figures to aid in reproducibility, precision
is limited to one or two digits.
NOTE: Although the table carries many significant figures to aid in reproducibility, precision
is limited to one or two digits.
initiation in adolescents and young adults and the resulting lowered preva-
lence rates in adulthood. It should be stressed that most of the data about
adverse health effects of tobacco come from studies of cigarette smoking.
smoking prevalence created by raising the MLA, the larger the commensu-
rate reduction will be in these smoking-caused health disparities. Reducing
the prevalence of these immediate adverse health effects would not only
benefit population health but also have downstream benefits on popula-
tion educational achievement, workforce productivity, and military per-
formance. The higher the MLA, the greater the public health benefit will
be in terms of reducing the size of the population of smokers and hence
decreasing the number who experience the corresponding health deficits.
Further public health benefits will occur from the delays in the age of
starting to smoke that would result from raising the MLA for tobacco.
Within the age range where the delays occur, the delayed age of initiation
would postpone the immediate adverse health effects until the individuals
are older. The child and adolescent population would directly benefit, with
a smaller percentage of the adolescent population smoking and a larger
percentage maintaining a more optimal health status. Delaying smoking in
adolescents until they are older would help protect the tissues and organ
systems that are still in the growth and maturation phase during adoles-
cence and hence are particularly vulnerable to the detrimental effects of
the toxicants in smoke (HHS, 2004). As with the prevention of smoking,
the extent to which smoking initiation will be delayed will be directly re-
lated to how high the MLA is set.
but the evidence currently falls short of being definitive; thus, the scope of
adverse health effects will grow over time.
Considering the causes of the health effects of cigarette smoking
throughout the entire life course more accurately characterizes the full ex-
tent of the public health burden imposed by cigarette smoking. It is impor-
tant to emphasize that because the spectrum of adverse health effects caused
by cigarette smoking is so extensive in both the near term and the long
term, even small reductions in smoking prevalence will benefit public health
substantially. The magnitude of the public health impact will be larger for
greater reductions in smoking prevalence; thus, the public health impact
will be greatest for an MLA of 25 years and least for an MLA of 19 years.
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T
he objective of this report is to predict what the health consequences
would be of raising the minimum age of legal access to tobacco
products (MLA) to 19, 21, or 25. As discussed in Chapter 5, few
jurisdictions, states, or localities in this country have undertaken such
changes, and no other country has done so. None of the state and local
initiatives has been followed by a rigorous evaluation published in the peer-
reviewed literature. Because a review and synthesis of existing empirical
literature cannot answer the question at hand, the committee drew on a
comprehensive review of the relevant scientific literature, on its collective
expertise, and on models of population-level smoking behavior to predict
changes in adolescent and young adult initiation attributable to raising the
MLA and to project the impact of these changes on the prevalence of use
and on health outcomes.
Using conservative assumptions about the enforcement of the MLA in-
creases, the committee concluded that raising the MLA will likely decrease
initiation of tobacco use by adolescents and young adults and thereby,
over time, reduce adult prevalence, leading to longer and healthier lives
for those who would have otherwise used tobacco. More specifically, the
modeling analysis concluded that raising the MLA, particularly to ages 21
and 25, would lead to substantial reductions in smoking prevalence and
thereby prevent considerable numbers of smoking-attributable deaths, in-
cluding lung cancer deaths, and poor maternal and child health outcomes.
However, the committee has greater uncertainty about the magnitude of
the effects of raising the MLA to age 25 rather than to 19 or 21. The re-
sults suggest a range of potential population health benefits that depend on
241
1 The National Minimum Drinking Age Act of 1984, Public Law 98-363. 98th Cong.
(July 17, 1984). 23 U.S.C. § 158.
and that devote more resources to support these activities are likely to have
a lower prevalence of tobacco use than states and localities with weaker
tobacco control programs.
As noted above, the national projections in Chapters 7 and 8 are
grounded in models that essentially aggregate each state’s tobacco con-
trol activities, whether they are strong or weak. To the extent that policy
makers in individual states want to try to derive state-based estimates from
the findings of national modeling exercise, they will have to take into ac-
count whether the existing level of tobacco control activity in their state is
comparable to the investment (and intensity of activity) in the “average”
state. If it is much weaker, the extrapolation from the modeling used in this
report may not be suitable. Similarly, if a state is among the nation’s leaders
in the tobacco control, the reduction in prevalence and in morbidity and
mortality may be greater.
assumes that the deterrent threat will be the same for selling to every under-
age purchaser, regardless of where the MLA line is drawn.
It is possible, of course, that the intensity of enforcement could be
significantly increased against all underage users, in which case the com-
mittee’s estimates in Chapter 7 about the impact of raising the MLA on
the adolescent and young adult initiation rates might be too conservative.
On the other hand, it is also possible that increasing the MLA into the
years of “adulthood” could generate a backlash and weaken public sup-
port for enforcing the law. As emphasized in Chapter 6, curtailing retail
access depends on active enforcement and retailer compliance. Those con-
ditions could be undermined if the MLA is set too high. Concerns about
under-enforcement would be particularly pronounced if the MLA were set
at age 25, and for this reason the committee is relatively more confident
about the assumption that current enforcement intensity is more likely to be
maintained if the age is increased to 19 or 21 than if it is set at 25. (This is
one of the reasons why the range between the lower and upper scenarios
is broader in the analysis of the MLA 25 policy option.)
If current levels of enforcement intensity are to be sustained and ex-
tended to the older ages, another key question is whether doing so will
require a significant increase in current funding for enforcement. Recall that
the 1992 Synar Amendment to the Alcohol, Drug Abuse and Mental Health
Administration Reorganization Act2 was designed to incentivize states to
enact, enforce, and continuously evaluate laws that prohibit the sale and
distribution of tobacco products to individuals under age 18. As discussed
in Chapters 1 and 5, states are required to follow specific guidelines for
random compliance inspections, surveillance, and reporting as a condition
of their receipt of federal Substance Abuse Prevention and Treatment block
grant funding. Failure to comply with Synar regulations could result in the
withholding of up to 40 percent of block grant funds.
The language of the Synar Amendment focuses specifically on restrict-
ing access to tobacco products among persons under age 18. Because
the amendment incentivizes states to enforce and track compliance with
tobacco purchase laws only for adolescents under age 18, it is not clear
whether additional resources would be required to extend significant en-
forcement activities to individuals above age 18. Ongoing surveillance and
the associated random inspections/compliance checks are essential, not only
for policy evaluation but also as a strong incentive for retailers and distribu-
tors to comply with the law. Extending the training and surveillance systems
in place for the Synar Amendment to ensure compliance with an MLA of
19 or above might require additional financial and human resource invest-
2ADAMHA Reorganization Act of 1992, Public Law 102-321. 102nd Cong. (July 10,
1992).
3Personal communication, K. Munn, New York State Department of Health, October 14,
2014.
control in the early 1990s. Tobacco control advocates have typically con-
centrated their attention on the retailers and distributers who provide the
tobacco rather than on the buyers themselves (Jason et al., 2007; Wakefield
and Giovino, 2003). In addition to making enforcement easier, concentrat-
ing policy efforts on the sellers also focuses the moral responsibility for
preventing youth access to tobacco products on the retailers and industry
distributors rather than on the minors themselves (Craig and Boris, 2007;
Forster and Wolfson, 1998).
The case against punishing underage users of tobacco was put force-
fully in Growing Up Tobacco Free:
tobacco products but does not penalize the underage individuals for pur-
chasing, possessing, or using the product is sending a “mixed message,”
thereby undermining the social norms against tobacco use that tobacco
policy makers are trying to instill among young adults in work environ-
ments, school settings, and other public and private places. Second, PUP
proponents contend, penalties against the underage purchaser would have
a significant deterrent effect on purchase and would also make it easier to
deter underage proxy sellers. Penalties against underage alcohol users ap-
pear to have been enforced to a greater extent than penalties for underage
tobacco users and may have functioned to some extent as a deterrent to the
purchase and public transport or use of alcohol. For example, some states
have implemented so-called brown jug laws under which businesses that
sell alcohol are allowed to report underage purchase/use and to receive the
fine payments from offenders (IOM and NRC, 2004).
This argument reflects very different views about the effects on PUP
laws on underage smoking than those set forth in Growing Up Tobacco
Free as well as a different perspective on the potential disadvantages and the
costs of punishing young people for this sort of minor transgression. There
are few rigorous studies regarding the effects of PUP laws on underage use,
mainly because the laws are so rarely enforced, and the limited evidence is
mixed. It seems likely, in the committee’s view, that meaningful enforcement
of PUP sanctions against underage persons for purchasing, possessing, or
using tobacco products would deter tobacco use by some underage persons,
most likely those who are at least risk for becoming addicted. However, the
PUP laws on the books in 47 U.S. jurisdictions are essentially unenforced.
Under these circumstances, the operative policy is to capture the declarative
effects of making the behavior illegal and empowering parents and schools
to enforce it without incurring the costs of having to impose legal punish-
ment. The committee assumes that this will be the operative policy in the
foreseeable future, and its estimates reflect this conservative assumption.
4 A recent publication indicates that more than 70 percent of adults surveyed support raising
the age of sale of tobacco products to 21 years of age; majority support is seen across smoking
status, geographic region, race, sex, education, and age (Winickoff et al., 2015).
why we summarize it here. The argument runs as follows: (1) Virtually all
addicted adults begin smoking (and probably become addicted) while they
are adolescents, before they have developed the capacity to exercise mature
judgment about whether or not to become a smoker; (2) the preferences
expressed when people begin to smoke, which tend to ignore long-term
health risks, are inconsistent with the health-oriented preferences they later
come to have, and they soon regret the decision to have become a smoker;
and (3) once smokers begin to be concerned about the health dangers of
smoking, their judgment is often distorted by optimism bias (“the harms
will happen to other people, not to me”), thereby weakening their motiva-
tion to quit. (IOM, 2007, p. 150)
5 Although not directly relevant in the present context, it is worth noting that the legally
relevant age of eligibility for various types of parental and social support in young adulthood
is often around 25 or 26 (IOM and NRC, 2014).
to say that 18 is not the only developmentally plausible place to draw the
line. The so-called age of majority functions as a default, and every state
sets the legal age for certain activities higher or lower for different policy
purposes. In short, state legislators will likely continue to draw the line in
different places in different policy contexts, and tobacco will be no excep-
tion (Bonnie and Scott, 2013; Hamilton, 2010; Steinberg, 2012).
One inevitable comparison in any discussion of the MLA for tobacco
is the 21-year-old MLA for alcohol in all states. The developmental jus-
tification for such a comparison is fairly strong in light of the addictive
properties of these drugs and the long-term consequences of initiating use
during adolescence. However, the intoxicating properties of alcohol are also
associated with harm to other persons, especially in relation to driving and
aggression, and not only with harm to oneself. The likely counterargument
is that the public health burden of tobacco use exceeds the toll associated
with any other self-regarding behavior or with the use of any other legal
product, making a case for “tobacco exceptionalism” in public health
policy (Collin, 2012; Malone and Warner, 2012). Whether this argument
is sufficient to trump otherwise strong commitments to individual choice is
being played out in the policy arena.
broad terms about several ways in which ENDS use might affect initiation
and prevalence of cigarette use and the public health and possibly alter the
projections described in Chapters 7 and 8.
Preliminarily, it should be emphasized that even if increasing ENDS use
has no effect on current patterns of initiation of cigarette use, it is likely
to affect the prevalence of cigarette use over the long term. The challenge
in evaluating its impact is that the net effect on conventional cigarette use
could be in either direction. For example, it is plausible that some persons
already using conventional cigarettes may quit using cigarettes and instead
switch to ENDS. In this scenario, there is likely a public health benefit in
that early data suggest that, while not harm free, ENDS are probably less
harmful than conventional cigarettes (Bhatnagar et al., 2014; Farsalinos
and Polosa, 2014; Grana et al., 2014). However, it is also plausible that
some persons already using conventional tobacco cigarettes may become
dual users of conventional cigarettes and ENDS (Bhatnagar et al., 2014;
Dutra and Glantz, 2014; Grana et al., 2014; Pearson et al., 2012; Regan et
al., 2013) because it costs less, helps the user reduce conventional cigarette
consumption, or serves as a “bridge” for nicotine use during times when
smoking conventional cigarettes is prohibited or inconvenient. Emergence
of this “dual use” scenario may increase the public health harm attribut-
able to tobacco use if it increases nicotine dependence (due to increased
consumption of nicotine), making smoking cessation more difficult, or
otherwise prolongs conventional cigarette smoking. While these scenarios
are postulated to have no effect on the initiation of cigarette use and are
therefore unaffected by raising the MLA, they would affect the quantita-
tive estimates of health benefits attributable to raising the purchase age by
reducing the estimated benefits in the first scenario (of increased conven-
tional cigarette cessation) and increasing them under the latter scenario (of
increased nicotine dependence and prolonged smoking).
The question of greatest relevance to this report is whether and how use
of ENDS will affect initiation of cigarette use. Broadly speaking, there are
three possibilities. One scenario is that initiation of ENDS use will reduce
initiation of cigarette use; that is, some portion of adolescents and young
adults who otherwise would have initiated cigarette use will not do so, be-
coming ENDS users instead. Under this scenario, there may be net public
health benefits over the long term, but some portion of those benefits would
be attributable to the initiation of ENDS, not to the raising of the MLA.
A second possibility is that initiation of ENDS would delay conventional
tobacco use, as adolescents and young adults who begin with ENDS switch
to conventional cigarettes at a later time, due in part to nicotine dependence
and to the relatively lower levels of nicotine delivery from ENDS compared
to conventional cigarettes. This scenario, involving the possibility of ENDS
serving as a gateway to conventional cigarettes, would be particularly wor-
tobacco use). Because tobacco use is correlated with the use of many other
substances, it could be important to consider the indirect effects of reducing
tobacco use on the use of other substances, but definitive statements are
difficult to make since the associations need not be causal. The mere fact
that people who smoke today have greater rates of abuse or dependence
on other substances is not sufficient to infer that an intervention that re-
duces smoking—such as raising the MLA—would necessarily reduce rates
of abuse or dependence on that second substance. There is, however, some
literature examining the effects of tobacco control interventions on the use
of other substances.
The empirical literature on spillover effects of tobacco policies on alco-
hol use and abuse is mixed. Picone et al. (2004) found that smoking bans
reduce alcohol consumption in older adult females. Gallet and Eastman
(2007) obtained a similar but more general result, but Hahn et al. (2010)
found no such effect. Young-Wolff et al. (2014) reported that increasing
tobacco taxes was associated with modest to moderate reductions in al-
cohol use in vulnerable groups. McKee and colleagues, in a series of three
studies (Kasza et al., 2012; McKee et al., 2009; Young-Wolff et al., 2013),
found evidence for the proposition that smoking bans reduce alcohol use
and related problems. However, Bernat et al. (2013) did not observe a
decline in alcohol-related vehicle accidents when analyzing California and
New York’s statewide smoke-free policies.
There is also a modest literature investigating whether tobacco and
alcohol are “substitutes” or “complements” in the economic sense of these
terms. Although some studies find that cigarettes are substitutes for either
alcohol in general (Decker and Schwartz, 2000) or liquor in particular
(Goel and Morey, 1995), a more common finding is that they are instead
complements (e.g., Bask and Melkersson, 2004; Cameron and Williams,
2001; Jones, 1989; Pierani and Tiezzi, 2009; Tauchmann et al., 2013; Zhao
and Harris, 2004); that is, they enhance each other’s value to a user, and a
decrease in the use of one is likely to be associated with a decrease in the
use of the other. Thus, the research would suggest that interventions that
reduce tobacco use will not increase alcohol use. A study by Hughes (1993)
found that smoking cessation treatment among adults does not increase
alcohol intake, even among former alcohol abusers.
In theory, tobacco control policies could have indirect effects on the
consumption of illicit drugs. However, the literature on this subject is quite
sparse and mostly limited to effects on marijuana use. A few studies, such
as Cameron and Williams (2001), Chaloupka et al. (1999), and Zhao and
Harris (2004), find “complementarity” between tobacco and marijuana;
that is, when cigarette prices go up, marijuana use declines. However,
Cameron and Williams (2001) found that increases in tobacco prices did
not affect cannabis use.
CONCLUDING REMARKS
The committee was charged with assessing the potential public health
implications of raising the minimum age of legal access to tobacco products.
Studies investigating the effects of setting or raising the MLA for tobacco
are sparse. In order to carry out its charge, the committee undertook a
thorough review of the available evidence related to tobacco use by ado-
lescents and young adults, the effects of raising the MLA for alcohol, and
enforcement of the existing MLA restrictions for tobacco products. This
evidence provided a solid foundation for the critical phase of the commit-
tee’s work—using its collective expert judgment to estimate the effects of
raising the MLA on initiation rates at various ages. Using these estimates
as inputs, the committee commissioned new modeling studies of aggregate
smoking behavior with which to project likely population-level outcomes
of changes in the MLA. The most important assumptions required for
these estimates have been discussed in this chapter, as have been additional
policy-relevant considerations.
Among the key assumptions are relative stability in the intensity of
tobacco control activities and the continuation of the MLA enforcement at
existing levels. These are relatively conservative assumptions, and the public
health benefits could be greater if tobacco control policies and the MLA
enforcement were substantially strengthened. It is important to recognize,
however, that public health gains also have to be weighed against the costs
and other social consequences of enforcing more restrictive MLA policies.
It is also important to emphasize that the committee’s modeling esti-
mates are based on nationwide adoption of the increased MLA, although
public health benefits of that magnitude will occur only if Congress facili-
tates federal action or if states with a substantial portion of the nation’s
population raise the MLA. Over the short term, at least, the projected
public health benefits will need to be translated into state-by-state estimates.
Although the full benefits of preventing initiation of tobacco use will
take decades to accrue, some direct health benefits, including those from
reduced secondhand smoke exposure, will be immediate. Perhaps the great-
est uncertainty in the committee’s assessment is the currently unpredictable
effects of the marketing and use of electronic nicotine delivery systems and
other novel tobacco products. However, in the absence of transformative
changes in the tobacco market, social norms and attitudes, or the epidemi-
ology of tobacco use, the committee is reasonably confident that raising the
MLA will reduce tobacco initiation, particularly among adolescents 15 to
17 years of age, will improve health across the life span, and will save lives.
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Appendix A
T
he 2009 Family Smoking Prevention and Tobacco Control Act estab
lished 18 as the minimum age of legal access to tobacco products
(MLA) while also allowing states and localities to impose a higher
MLA. In the last decade, this has been an active area of tobacco control
policy. In Massachusetts, in particular, where state law grants local Boards
of Health authority to make “reasonable health regulations,”1 nearly two
dozen communities have raised the MLA above age 18, and numerous
others are currently considering proposals. A smaller number of jurisdic-
tions outside of Massachusetts, most notably New York City, have also
taken similar steps. This appendix provides a set of tables detailing activi-
ties at the state and local levels to raise the MLA. These tables provide a
selection of the recent activity in this area of the law and aim to provide
examples of the type, range, and scale of such activity as of September
2014. As such, this appendix should be considered a list of illustrative
examples rather than a comprehensive and exhaustive list of jurisdictions
that have raised or are considering raising the MLA. Tables A-1 and A-2
list states and localities that have raised the MLA to 19 and 21, respectively.
Tables A-3 and A-4 list select states and localities that are considering pro-
posals to raise their MLA to 19 and 21, respectively. Tables A-5 and A-6 list
select states and localities that have considered but not enacted proposals
to raise the MLA.
265
APPENDIX A 267
continued
Available: http://www.walpole-ma.gov/sites/walpolema/files/minutes/minutes-file/minutes_
march_12_2013.pdf (accessed February 25, 2015).
e Watertown, Massachusetts, Board of Health. Minutes of Meeting of August 15, 2012. Avail-
sale of tobacco products and nicotine delivery product (February 12, 2013).
g New Jersey State Legislation. P.L. 2005 c. 384; S2783 (January 15, 2006).
h The Nassau County Administrative Code. Title H § 9-25.1–9-25.7. Local Law 5-2006
APPENDIX A 269
TABLE A-2 States and Localities That Have Established a Minimum Age
of Legal Access to Tobacco Products of 21
Jurisdiction
(state/county/ Year Regulation/
town) Enacted Legislation Status Details of the Law
California—Select City
Healdsburg 2014 Regulation Passed by city Prohibits the sale of
(Alexander council. cigarettes, chew, and
and Williams, other tobacco products
2014; Mason, to anyone under age 21
2013) and institutes new annual
license to sell tobacco,
with revenues earmarked
for enforcing tobacco
laws.
Hawaii—Select County
Hawaii 2013 Legislation Enacted. In The bill raised minimum
Countya effect June 30, purchasing age from 18
2014. years of age to 21.
Illinois—Select City
Evanston 2014 Regulation Passed by city The new ordinance raises
(Blakley, council. the MLA from 18 to
2014) 21. An earlier version of
the ordinance proposed
making underage
possession a crime, but
the final ordinance holds
only retailers responsible
for violations.
Massachusetts—Select Towns
Arlingtonb,c 2013 Town board Approved May From July 1, 2013, to
of health 2013, in effect July 1, 2014, the MLA is
regulation July 2013, and 19. From July 1, 2014, to
subject to a July 1, 2015, the MLA is
3-year phase-in, raised to 20. As of July 1,
raised to 20 on 2015, the MLA is raised
July 1, 2014. to 21.
Ashlandd 2013 Town board Approved. Raised the MLA from 18
of health to 21. Discussed but did
regulation not vote on e-cigarette
regulations.
continued
APPENDIX A 271
continued
APPENDIX A 273
the Board on Health. Regulation restricting the sale of tobacco products and nicotine delivery
products (May 15, 2013).
c Arlington, Massachusetts, Board of Health. Minutes of Meeting of May 15, 2013. Available:
continued
and the sale and distribution of tobacco and nicotine delivery products in Dedham (November
25, 2013).
g Dover, Massachusetts, Board of Health. Minutes of Meeting of May 13, 2013. Available:
of Health restricting the sale of tobacco and nicotine delivery devices (March 19, 2014).
o Wellesley, Massachusetts, Board of Health. Minutes of Meeting of September 12, 2013.
APPENDIX A 275
APPENDIX A 277
TABLE A-5 States and Localities That Have Considered But Not Enacted
Proposals to Raise the Minimum Age of Legal Access to Tobacco Products
to 19
Jurisdiction
(state/county/ Year of Regulation/
town) Proposal Legislation Status Details of Law
Illinoisa 2001 Legislation Proposed. Not Proposed to amend
enacted. existing law to raise
the MLA for tobacco,
tobacco products, and
other smoking herbs from
18 to 19 years.
Maineb 2003 Legislation Proposed. Not Proposed to amend
enacted. existing law to raise the
MLA from 18 to 19 years.
Massachusettsc 2005 Legislation Proposed. Not Proposed to prohibit
enacted. the sale and possession
of tobacco products to
persons under 19 years
of age.
New Yorkd,e 2005 Legislation Proposed. Not Proposed raising the MLA
enacted. from 18 to 19. Proposed
to prohibit the sales of
tobacco products and
herbal cigarettes to any
individual under the age
of 19.
North Dakotaf,g 2005 Legislation Failed to pass. Proposed to amend the
North Dakota Century
Code to raise the MLA
for sales, purchase,
possession, and use of
tobacco to 18, and to
provide a penalty.
a An act concerning tobacco. HB1034, 92nd Illinois General Assembly Legislation, 2001-2002
regular sess. (2001).
b An act to increase the legal age for the purchase of tobacco products, Title 22, Chapter 262-A
§ 1555-B, § 1557, § 1558, and § 1559, Maine Revised Statutes 121st Legislature, 1st reg. sess.
c HB 1824, Part IV, Title I, Chapter 270, § 6, Commonwealth of Massachusetts, presented
as “Adolescent Tobacco Use Prevention Act”), Article 13-F, § 1399-aa–§ 1399-ee, New York
State Public Health Laws.
e An act to amend the public health law and the penal law, in relation to increasing the pur-
chasing age for tobacco products from eighteen to nineteen. Bill No. A5883-A, New York
State Public Health Laws, reg. sess. (March 2, 2005).
APPENDIX A 279
Code, relating to the sale of tobacco to individuals under the age of nineteen and the use
of tobacco by minors; to provide a penalty; and to provide for application. HB 1183, 59th
Legislative Assembly of North Dakota, introduced by Rep. DeKrey (January 7, 2005, date of
last action on bill).
TABLE A-6 States and Localities That Have Considered But Not
Enacted Proposals to Raise the Minimum Age of Legal Access to Tobacco
Products to 21
Jurisdiction
(state/county/ Year of Regulation/
town) Law Legislation Status of Law Details of the Law
Californiaa 2003 Legislation Proposed. Not Proposed to amend
enacted. existing Code to raise the
MLA from 18 to 21.
Coloradob 2014 Legislation House Finance Amends existing law to
(Lee, 2014) Committee raise the MLA from 18
voted 7 to 6 to 21 for sales and other
to reject the forms of distribution.
bill, March 19, Would grandfather in
2014. persons born on or before
June 30, 1996 (currently
18).
Connecticutc,d,e 2003 Legislation Proposed. Not Proposed that the general
enacted. statutes be amended to
raise the legal age for
use of tobacco products
to 21.
District of 2013 Legislation Introduced. The bill would raise
Columbiaf Failed to prohibition of sales of
make it out of tobacco products to
committee. minors by redefining
minors from age 18 to
21. Prohibits licenses to
operate vending machines
selling tobacco products
for establishments that
admit individuals under
age 21.
Marylandg 2014 Legislation Introduced. The bill raises prohibition
Unfavorable of sales of tobacco
report by products to minors and
judiciary restricting minors from
committee. purchasing or possessing
tobacco by redefining
minors from age 18 to 21.
APPENDIX A 281
continued
twenty-one years of age, HB14-1263, 69th General Assembly, State of Colorado, 2nd reg.
sess. (March 19, 2014).
c General Statutes of Connecticut. Vol. 4, Title 12: Taxation, Chapter 214 § 12-295 (a, b, c, d
& e), Vol. 13, Title 53: Crimes, Chapter 946 § 53-344 (revised to January 13, 2013).
d An Act Raising the Legal Age for Use of Tobacco Products. Proposed SB 769, LCO No.
2013. B20-0567, 20th Council of the District of Columbia, 23rd sess. (November 5, 2013).
g An Act Concerning Criminal Law—Tobacco Products—Minimum Age. HB 278, Maryland
General Assembly, Department of Legislative Services, Regular sess. (February 17, 2014).
h New York State Regulation of Tobacco Products, Herbal Cigarettes and Smoking Parapher-
APPENDIX A 283
and receipt of tobacco products; providing penalties. SB No. 313, 83rd Texas State Senate,
83rd sess. (2013).
o Ban on Smoking Paraphernalia to Minors. HB 206, Section 1 § 76-10-104.1, 56th Utah
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mycentraljersey.com/story/news/local/middlesex-county/2014/09/12/sayreville-
smoking-ban-teens/15535341/;%20http:/halfwheel.com/sayreville-n-j-raises-tobacco-
purchase-age-21/69995 (accessed January 13, 2015).
Malachowski, J. 2014. Hudson raises age to buy cigarettes to 21. MetroWest Daily
News (February 25, 2014). http://www.metrowestdailynews.com/article/20140226/
News/140227597 (accessed January 13, 2015).
Mason, C. 2013. Healdsburg: Ban tobacco sales to those under 21. The Press Demo-
crat (December 5, 2013). http://www.pressdemocrat.com/article/20131205/
articles/131209729#page=0 (accessed January 13, 2015).
McLean, D. 2014. Winchester BoH raises tobacco sales age to 21. Winchester Star (March 19,
2014). http://winchester.wickedlocal.com/article/20140319/News/140315825 (accessed
January 13, 2015).
Mickle, T. 2014. More cities raise tobacco age to 21. The Wall Street Journal (October 28,
2014). http://www.wsj.com/articles/more-cities-raise-tobacco-age-to-21-1414526579 (ac-
cessed January 14, 2015).
Noda, S. 2014. Englewood raises age limit to 21 to buy tobacco products. Northern Valley
Suburbanite (August 7, 2014). http://www.northjersey.com/news/city-raises-age-limit-for-
cigarettes-1.1063714 (accessed January 13, 2015).
Parker, B. 2013. Law raising age to buy cigarettes to 19 takes effect in Brookline. Boston
Globe (June 3, 2013). http://www.boston.com/yourtown/news/brookline/2013/06/law_
raising_age_to_buy_cigaret.html (accessed January 13, 2015).
Perez, C. 2014. Englewood board of health backs smoke-free policy. Northern Valley Sub-
urbanite (April 11, 2014). http://www.northjersey.com/news/health-board-backs-smoke-
free-policy-1.917641?page=all (accessed January 13, 2015).
Appendix B
State Laws—
Tobacco Transfers to Minors
T
he following table (see Table B-1) summarizes state laws for all
50 states and the District of Columbia specifically in reference to the
transfer of a tobacco product to a minor by both commercial and
noncommercial sources.
The information for this table is adapted from the State Legislated
Actions on Tobacco Issues (SLATI) database,1 which is maintained by the
American Lung Association. It should not be considered a comprehensive
analysis of state law but rather an illustration of state-level variance in
tobacco control legislation.
1 American Lung Association. State Legislated Legal Actions on Tobacco Issues (SLATI)
State Pages. http://www.lungusa2.org/slati/about.php (accessed October 8, 2014).
287
Licensee Violation
APPENDIX B 289
Increase for
Penalty for Subsequent Suspend Employee or Affirmative
First Offense Offenses? License? Licensee Punished? Defense?
Fine, 10<x<50 Not specified Not Not specified* Not specified*
and may also be specified
imprisoned for
<30 days
Fine Yes Yes
APPENDIX B 291
Increase for
Penalty for Subsequent Suspend Employee or Affirmative
First Offense Offenses? License? Licensee Punished? Defense?
Fine Yes Not California Yes
specified Department of
Health Services
may assess civil
penalties against a
the owner/licensee
in addition to
the criminal/civil
penalties against
an individual.
An employee
against whom
civil penalties are
sought cannot
additionally have
criminal penalties
Fine Not specified Not Not specified* Yes*
specified*
APPENDIX B 293
Increase for
Penalty for Subsequent Suspend Employee or Affirmative
First Offense Offenses? License? Licensee Punished? Defense?
Fine 100<x<500 Yes Yes Not specified Not specified
and/or
imprisonment
<30 days
Fine Yes Yes May mitigate Yes
penalties against a
dealer if employee
performed illegal
sale and dealer
had provided
adequate training
beforehand
Not specified Not specified Not Not specified Not specified
specified
a In Illinois, “classification of transfer” and “penalty for first offense” vary based on the
product and the illegal action (e.g., knowingly selling a pack of cigarette papers is a Class C
misdemeanor while knowingly selling a leaf for rolling is a petty offense).
APPENDIX B 295
Increase for
Penalty for Subsequent Suspend Employee or Affirmative
First Offense Offenses? License? Licensee Punished? Defense?
Fine 200 Yes Not Not specified* Not specified*
specified*
Permittee
(manufacturer,
distributor,
dealer, retailer)
APPENDIX B 297
Increase for
Penalty for Subsequent Suspend Employee or Affirmative
First Offense Offenses? License? Licensee Punished? Defense?
Fine >200 Not specified Yes The person who Yes
violates the law
is the individual
directly selling the
tobacco product.
A licensee can be
assessed additional
civil penalties for
selling to minors
Fine 100<x<500 Not specified Not Not specified Not specified
specified
b In Maryland, the law applying to “any person” applies different penalties according to the
type of item and transfer. For example, the penalty for purchasing tobacco products on behalf
of a minor is a fine not to exceed $300, while the misdemeanor offense of selling an e-cigarette
to a minor is punishable by a fine of up to $1,000 per violation.
c In Massachusetts, the penalty for first offense depends on the product in question. For ex-
ample, the sale of tobacco to a minor is punishable by a fine no less than $100, while the sale
of rolling papers is punishable by a fine of no less than $25.
APPENDIX B 299
Increase for
Penalty for Subsequent Suspend Employee or Affirmative
First Offense Offenses? License? Licensee Punished? Defense?
Not specified Not specified Not Not specified* Yes*
specified*
Fine >25
Fine <50 Not specified Not Not specified Yes
specified
Directly or Alternative
indirectly nicotine product,
(by agent, any cartridge or
employee, component of an
or vending alternative nicotine
machine) sell, product
offer for sale,
give, or furnish
APPENDIX B 301
Increase for
Penalty for Subsequent Suspend Employee or Affirmative
First Offense Offenses? License? Licensee Punished? Defense?
Fine 50* Yes* Yes* The permittee will Yes
be sent a warning
letter for the first
violation, and
required to enroll
in and complete
a state tobacco
retailer education
Not specified
program. If
the retailer
has directed
employees to sign
an agreement
stating that
they understand
the state laws
regarding youth
tobacco sales*
Fine 100 Yes Yes Owner of Not specified
establishment
issued a reprimand
in addition to
penalties listed.
Exempt from
above penalties
if they have
an employee
compliance
program in place
Verbal Yes Yes Employee pays Not specified
notification $25 per violation
if not licensee
APPENDIX B 303
Increase for
Penalty for Subsequent Suspend Employee or Affirmative
First Offense Offenses? License? Licensee Punished? Defense?
Not specified* Not Yes* Licensee is subject Not specified*
specified* to forfeiture. Any
officer, director,
or manager of
the business of
any corporation
that violates the
provision, if they
are aware, is
subject to the same
penalty*
<250
APPENDIX B 305
Increase for
Penalty for Subsequent Suspend Employee or Affirmative
First Offense Offenses? License? Licensee Punished? Defense?
Civil penalty 250 Yes Yes The licensee Yes
is subject to
administrative
charges, although
the individual
responsible for the
sale is liable for
the penalty
APPENDIX B 307
Increase for
Penalty for Subsequent Suspend Employee or Affirmative
First Offense Offenses? License? Licensee Punished? Defense?
Fine <100 Yes Yes If the sale is made Yes
by the employee
of the licensee,
the employee
shall be guilty of
the violation and
subject to the fine.
Each violaton by
an employee shall
be a violation
against the owner
for purposes of a
license suspension
Fine >100 Not specified Not Not specified Not specified
specified
APPENDIX B 309
Increase for
Penalty for Subsequent Suspend Employee or Affirmative
First Offense Offenses? License? Licensee Punished? Defense?
Not specified Not specified Not Not specified Yes
specified
APPENDIX B 311
Increase for
Penalty for Subsequent Suspend Employee or Affirmative
First Offense Offenses? License? Licensee Punished? Defense?
Not specified* Escalation in Yes* If the licensee Not specified*
criminality or employee
with thereof has
subsequent sold tobacco to
offenses* someone <19 years
old, the agency
may impose
adminstrative
penalties on the
licensee*
Fine 100
Fine <100 Yes* Not The employer Yes*
specified* may dismiss
an employee
for selling or
furnishing tobacco
Fine 50
products to
minors*
APPENDIX B 313
Increase for
Penalty for Subsequent Suspend Employee or Affirmative
First Offense Offenses? License? Licensee Punished? Defense?
Fine <500 if Yes* Yes* Not specified* Not specified
no violation
in previous 30
months or
Fine <500
+/or 1 month
imprisonment
if violation in
previous 30
months
Appendix C
State Laws—
Tobacco Purchase–Use–Possession
by Minors
T
he following table (see Table C-1) summarizes state law for all
50 states and the District of Columbia specifically in reference to
purchase–use–possession laws (PUP) of a tobacco product by a mi-
nor. Throughout this report, the minimum age of legal access to tobacco
products (MLA) focuses on youth access laws and enforcement policies
that curtail retail access to tobacco products by underage persons, with
little emphasis on punishing underage users of tobacco products. Despite
that focus, MLA in the following table, as in the report, therefore covers
youth access restrictions that both punish distributors of tobacco products
to underage users and the underage users themselves.
The information for this table is adapted from the State Legislated
Actions on Tobacco Issues (SLATI) database,1 which is maintained by the
American Lung Association. It should not be considered a comprehensive
analysis of state law but rather an illustration of state-level variance in
tobacco control legislation.
1 American Lung Association. State Legislated Legal Actions on Tobacco Issues (SLATI)
State Pages. http://www.lungusa2.org/slati/about.php (accessed October 8, 2014).
315
APPENDIX C 317
Illegal to Suspend
Present Fake or Driver’s
Graduated Penalty? Applies to… Borrowed ID License?
Not listed Tobacco, tobacco products, ü
alternative nicotine products
Not listed Tobacco products
Not listed Tobacco products, vapor product ü
including e-cigarettes, hookah,
waterpipe
Not listed Tobacco in any form, cigarette ü
papers
continued
APPENDIX C 319
Illegal to Suspend
Present Fake or Driver’s
Graduated Penalty? Applies to… Borrowed ID License?
Yes, fine increases and Tobacco product or electronic
community service for smoking device
second and subsequent
offenses
Not listed Tobacco products or electronic ü
cigarettes
continued
APPENDIX C 321
Illegal to Suspend
Present Fake or Driver’s
Graduated Penalty? Applies to… Borrowed ID License?
Not listed Tobacco or tobacco related ü ü
devices
continued
APPENDIX C 323
Illegal to Suspend
Present Fake or Driver’s
Graduated Penalty? Applies to… Borrowed ID License?
Increase in fine; may Tobacco products ü ü
suspend driver’s license
continued
APPENDIX C 325
Illegal to Suspend
Present Fake or Driver’s
Graduated Penalty? Applies to… Borrowed ID License?
Not listed Tobacco products
Appendix D
Supplemental Information
About the Models
By Theodore R. Holford and David T. Levy
T
he CISNET smoking population model tracks individuals by age
and U.S. birth cohort beginning in 1864 as the individuals progress
through various smoking stages (i.e., reconstructed smoking preva-
lence, initiation, and cessation rates) to estimate the smoking prevalence
and the rates of smoking initiation, cessation, and intensity in the United
States by age and gender from 1964 through 2012 (Anderson et al., 2012;
HHS, 2014; Holford et al., 2014a). The model reports population levels of
smoking, non-lung cancer mortality, and overall mortality (Anderson et al.,
2012; Holford and Clark, 2012; Holford et al., 2014b; Jeon et al., 2012).
The CISNET smoking population model can also simulate individual smok-
ing trajectories using a “smoking history generator” (Jeon et al., 2012). The
CISNET smoking population model was recently used to assess smoking
patterns and estimate the smoking rates of initiation and cessation in the
United States from 1964 to 2012 (Holford et al., 2014a) and the number
of premature deaths prevented in the United States by tobacco control
from 1964 to 2014 (Holford et al., 2014b). The model can also simulate
lung cancer incidence and mortality when coupled with lung cancer natural
history models (de Koning et al., 2014; McMahon et al., 2014; Meza et
al., 2014; Moolgavkar et al., 2012). The CISNET smoking and lung can-
cer models were used to estimate the number of lung cancer deaths in the
United States prevented by historical tobacco control efforts from 1975 to
2000 (Moolgavkar et al., 2012). More recently, the CISNET smoking and
lung cancer models were used to provide estimates of the potential ben-
efits and harms of computerized tomography lung cancer screening in the
United States (de Koning et al., 2014; McMahon et al., 2014; Meza et al.,
327
APPENDIX D 329
a
PE ( a, c ) = 1 − ∏ 1 − p ( i, c )
i −1
= 1 − 1 − PE ( a − 1, c ) 1 − p ( a, c )
(1)
for Cp, i.e., by matching the cumulative initiation rates to the estimated
prevalence at age a0. We assumed that a0 was the age at first survey in 1965
or 30, whichever was older.
Smoking cessation was assumed to be a function of age for each cohort.
The smoking cessation probability conditional on the subject being alive
and currently smoking is
APPENDIX D 331
For simplicity, we assumed that this quantity does not depend on the
age an individual started smoking, number of cigarettes per day or other
factors that may be related to an individual’s success in quitting. Because
initiation tends to occur in a fairly narrow age range, variation in age of
initiation becomes less of a factor affecting mortality as a cohort gets older.
Introducing intensity of smoking into a model for cessation would require
detailed lifetime histories of smoking which were not commonly obtained
by NHIS, a limitation in the available data.
Current smokers represent ever smokers who have not quit, and given
our assumption that this only depends on age for a given cohort, the preva-
lence is
PC(a,c) = PE(a,c)Q(a,c).
Former smokers are those who have smoked at some point in their
lives, but quit before age a, and the proportion of these individuals is
PN(a,c) = 1 – PE(a,c).
For a given age and cohort, the sets of current, former, and never smokers
are exhaustive, i.e.,
We assumed that the cohort effect remained constant for those born after
1979, the most recent cohort that would provide data to a survey regarding
smoking history after age 30 in 2012 which was the age used to identify
Cp. Values used for subsequent cohorts were set to be identical to those for
the 1982 birth cohort.
Smoking initiation probability Unadjusted estimates of annual age-
specific smoking initiation probabilities for a given cohort, pˆ * ( a, c ) , were
directly derived from NHIS data. For each cohort represented in a survey,
we determined the number of subjects who started to smoke, d(a,c), and
who had never smoked to that point, n(a,c). These comprised the response
data introduced into a linear logistic model in which the temporal factors
were nonparametric functions to be estimated. Each NHIS survey repre-
sented participants who survived until that time, and because this group
would overrepresent individuals in a cohort who started smoking late or
not at all, these cohort-specific initiation probabilities would be biased
downward. The correction factor was found by specifying the target value
for the estimated cumulative initiation at a specific age, a0, to be equal to
the value estimated from the cross-sectional analysis, i.e.,
a*
PˆE ( a*, c ) = 1 − ∏ 1 − Cˆ p pˆ * ( a, c )
i =1
APPENDIX D 333
Age for the target used to determine the correction factor was age in
1965 (year of the first NHIS survey) or 30, whichever was older,
a* = max{1965 – c,30}. The target value for the cumulative probability of
being a smoker was the estimate derived in the analysis of the prevalence
curve, Πˆ ( a*, c ) .
Smoking cessation probability An individual was identified as having
quit smoking if they had not smoked for 2 years. Because of the 2-year lag
used in the definition of quitting, an individual who reports cessation at age
a − 2 or later could not be classified and they would be truncated at that
age. Hence, current smokers were similarly truncated at age a − 2. Data
used for this analysis were from surveys conducted from 1970–2012, in-
cluding subjects reporting ages from 17–98. If the reported age of cessation
was younger than 8, it was set to 8. For each year of age following smoking,
a binary response was created based on our definition of quitting. Yearly
estimates of the linear logistic age-period-cohort model were fitted in which
age: 25, 30, 35, 40, 45, 50, 55, 60, 65, 70
period: 1970, 1975, 1980, 1985, 2000, 2005
cohort: 1910, 1920, 1930, 1940, 1950, 1960, 1970, 1980
The fitted estimates of the probabilities for each category of smoking dose
for each cohort for ages 0 to 99 were used as parameters for the smoking
history generator. Estimates for cohorts born before 1920 were constrained
to be the same as for the 1920 birth cohort. Similarly, estimates for cohorts
born after 2002 were constrained to be identical to those of the 2002
cohort, who would be 7 in 2012, i.e., the year before the earliest age at
initiation considered in this analysis.
Estimation of current, former, and never smokers for 1-year cohorts
Estimates of smoking prevalence were derived from the estimated curves
for ever smokers, P̂E(a,c), and the corresponding survival function for not
quitting, Q̂ (a,c). The estimated prevalence of current smokers by age and
cohort is
APPENDIX D 335
µ ( t ) = ∑ pi ( t ) µi ( t ) ,
i
1 See https://resources.cisnet.cancer.gov/projects/#shg/iomr.
∑ P (t ) µ (t ) − µ0 (t ) .
t
Population estimates by single years of age (0–84 and 85+) were ob-
tained from the U.S. Census for years 1964 through 2060 (USCB, 2013a,b).
Population estimates going to 2100 were obtained by following the popu-
lation from the previous year and assuming that the proportional change
would remain the same. For age 0, we assume that after 2060 the propor-
tional increase will be the same as the change estimated by the U.S. Census
for 2059 to 2060.
∑ P (t ) µ (t ) − µ0 (t ) e0 (t ) .
t
APPENDIX D 337
of lung cancer deaths avoided for a given age, and taking the sum over all
ages provides the overall number of lung cancer deaths avoided.
ate smoking or die, as shown below, where t is the year and a is the age of
the individual:
Neversmokerst,a =
Neversmokerst–1,a–1 * (1 – MortRatet–1,a–1,ns)*(1 – Initiation ratet–1,a–1).
Never smokers can become smokers through initiation. Once they have
become smokers, individuals continue in that category until they quit or
die. Former smokers continue in that category until they die or re-enter the
group of smokers through relapse. The number of smokers is tracked as:
Smokerst,a =
Smokerst–1,a–1*(1 – MortRatet–1,a–1,s)*(1 – Cessation ratet–1,a–1)
15+
+ ∑ k = 2 Former smokers t −1, a −1,k*(1 – MortRatet–1,a–1,k)*(Relapse ratea–1,k)
Former smokerst,a,k =
Former smokerst–1,a–1,k–1*(1 – MortRatea,k)*(1 – Relapse ratea,k–1).
For those who have quit smoking for 15 or more years, 15+, the equa-
tion above includes all individuals who have quit more than 15 years from
the previous year.
Data on smoking rates are from Holford et al. (2014a) and are based
on NHIS. Smoking prevalence is defined as the percentage of people in the
population who have smoked 100 cigarettes during their lifetime and cur-
rently smoke. Initiation rates through age 30 are based on responses for age
of initiation and having smoked 100 cigarettes. Cessation is tracked from
age 16, because data from NHIS on cessation begins at that age. Cessa
tion rates are defined in terms of having quit for 2 years, which reflects a
trade-off between higher cessation rates in the first year and relapse in later
years. After 1965, relapse rates are also distinguished by age and gender,
and the number of years since quitting (HHS, 1990; Hughes et al., 2008).
The SimSmoke model status quo initiation and cessation rates are available
on the CISNET resources website.2
2 See https://resources.cisnet.cancer.gov/projects/#shg/iomr.
APPENDIX D 339
Smoking-Attributable Deaths
To estimate smoking-attributable deaths (SADs), we used age- and
gender-specific current and never-smoker mortality rates used by Holford et
al. (2014b) based on the Cancer Prevention Studies (CPS-I and CPS-II) and
the Nutrition Follow-up to CPS-II. For smokers, SADs are defined in terms
of the excess death rate of current smokers (smoker mortality rate minus
never-smoker mortality rate). Mortality rates for former smokers decrease
progressively from the current smoker toward the never-smoker level as
years since quitting increase, according to CPS-II data (Burns et al., 1997).
SADs are estimated for current and former smokers by age (a), gender (g),
and year (t) by summing over age (a) as:
Policy Analysis
Separate policy modules estimate the effects of past tax changes, smoke-
free air laws, health warnings, advertising restrictions, mass media, cessa-
tion treatment, and youth access policies. The original policy parameters
used to generate the predicted effects are based on thorough reviews of the
literature and the advice of an expert panel (Friend and Levy, 2001, 2002;
Levy and Friend, 2000, 2001, 2002a,b; Levy et al., 2000a,b, 2001a,b,
2004). The policy effects (PEs) are calculated in percentage terms, i.e., PE =
(post-policy rate – initial rate)/initial rate, with PE < 0, assuming an effective
policy where the post-policy rate is less than the initial rate. For most poli-
cies, the greatest effect will occur in the first few years in which the policy
is in effect, modeled as a permanent additive effect on smoking prevalence,
i.e., Smokerst,a * (1 + PPEi,t,a) for policy i at time t, age a, with PPE defined
as the prevalence of PE. If the policy is maintained, the effects of the policy
are sustained throughout future years as: Initiation ratea * (1 + IPEi,a), with
IPE defined as the initiation PE. The effect of a maintained policy increase in
the cessation rate over time is given as: Cessation ratea * (1 – CPEi,t,a), with
CPE defined as the cessation PE. SimSmoke projects smoking rates through
2014, based on policies that were implemented over the period 1964–2014.
The effect sizes are shown in Table D-1.
Data on the levels of policies were input into the SimSmoke model for
the years 1965 through 2012. We calibrated model cessation rates against
data on smoking prevalence through 1985, leading to a reduction in those
rates of 9 percent for females, 10 percent for males ages 55–64, and 20 per-
cent for males of ages 65 and above. Table D-2 shows the sources and
specifications for the data used in SimSmoke in this report.
APPENDIX D 341
APPENDIX D 343
3The methods and data regarding maternal and child health outcomes are presented in
more detail than other outcomes for transparency, because they have not yet been published.
While the maternal smoking prevalence can vary by age and year in
the above formulation, we assume that relative risks are constant over time
and by age since past studies do not adequately distinguish by age. Sum-
ming across age categories for a particular year (t) provides the estimate of
SAABO for each health outcome for that year.
Figure D-1 provides a flowchart of the estimation process for maternal
and child health (MCH) outcomes.
Data
Adverse MCH outcomes For LBW and PTB, National Center for Health
Statistics (NCHS) data on adverse MCH outcomes by age and gender for
2012 were obtained from CDC Wonder, the epidemiological database
operated by the Centers for Disease Control and Prevention (CDC) (HHS
et al., 2014b). For SIDS, data were obtained for all ages from CDC W onder
for 2011 (the most recent year) (HHS et al., 2014a), and the propor-
tions by age group were based on overall infant mortality (Matthews and
MacDorman, 2013). Because overall rates for each MCH outcome have
been relatively constant in recent years, the percent of maternal outcomes
in 2012 is maintained for all future years. The data by age are presented in
Table D-3. LBW, PTB, and SIDS are highest at younger ages and for above
APPENDIX D 345
and
and
FIGURE D-1 Relationship of the components for each maternal and child health
(MCH) outcome.
NOTE: FTB = non-preterm; LBW = low birth weight; NW = normal weight; PTB = pre-term
birth.
age 40. In addition, it should be noted that there is overlap between PTB
and LBW, especially at younger ages. We assume that the rates are constant
from 2012 onward, but the model is flexible enough to allow for trends in
the prevalence of MCH outcomes over time.
The total number of adverse MCH outcomes over time depends on
fertility rates. The fertility rates were obtained from the NCHS through
CDC WONDER (U.S. Department of Health and Human Services for the
year 2012 categorized by age of the mother) (HHS et al., 2014b). We use
projected fertility rates by the United States (CDC, 2014; USCB, 2014)
through 2060 to extrapolate for future years through 2100. The projec-
tions show fertility rates that are slowly decreasing over time, and it is as-
sumed that rates after 2060 stay constant. Since the projected rates are not
distinguished by age, the age distribution from 2012 is assumed to remain
constant. The fertility rates are multiplied by the projected population used
in the model (see above) to obtain the total number of births by age.
Relative risks to MCH The estimates of relative risks to MCH are based
on reviews (Cnattingius, 2004; HHS, 2004) and recent studies (Aliyu et al.,
2010, 2011; Anderka et al., 2010; Dietz et al., 2010; Steyn et al., 2006; van
den Berg et al., 2013; Zhang and Wang, 2013) for each of the outcomes:
PTB, LBW, and SIDS. We estimate a relative risk of 1.4 for PTBs, 2.0 for
LBW and 2.5 for SIDS. We assumed the same relative risks for all women
(ages 15 to 49) and for all years. In addition, we do not distinguish risks
by smoking intensity or by the month of quitting if the women stopped
smoking at some point during pregnancy. The relative risks used to estimate
MCH outcomes are shown in Table D-4.
APPENDIX D 347
t obacco was reported because they did not adopt the 2003 revision, but by
2012 only 13 states (Alabama, Alaska, Arizona, Arkansas, Connecticut,
Hawaii, Maine, Michigan, Mississippi, New Jersey, Rhode Island, Virginia,
and West Virginia) were excluded. We confined the analysis to the year
2012, when most states’ reports had adopted the 2003 revisions, and proj-
ect forward from that year. The data are shown in Table D-5.
After comparing the prenatal smoking rates from NCHS to estimates
from the Pregnancy Risk Assessment Monitoring System (PRAMS) and the
National Survey on Drug Use and Health (NSDUH) for 2011, the most re-
cent year for which data from all three datasets are available, we found the
rates from NCHS (9.0 percent) were lower than from PRAMS (10.5 percent)
and NSDUH (15.9 percent). The NCHS data and also the PRAMS data are
known to consistently underestimate smoking rates because of underreport-
ing. For example, Tong et al. (2013) analyzed the PRAMS 2008 question-
naire and the eight states that also used the 2003 BC revision. Using the same
age stratification, the 20–24 age group again had the highest prevalence in
both the BC and PRAMS prevalence, but the combined prevalence for the
<20 age group had a slightly higher prevalence (22.6 percent compared to
22.5 percent). Tong and colleagues also found that the NCHS data under-
stated smoking prevalence compared to the combined estimates by 65 per-
* In thousands; “total births” limited to births in those states for which tobacco use is re-
ported. Births in states that used incompatible birth certificates version are omitted from the
“total births.” “% births, tobacco use not reported” is the percentage of all births from all
states for that year.
cent for the <20 age group (13.7 percent in NCHS versus. 22.6 percent
combined), by 35 percent for the 20–24 age group (16.7 percent in NCHS
versus. 22.5 percent combined), by 27 percent for the 25–29 age group
(13.2 percent NCHS versus. 16.7 percent combined) and by 30 percent for
the 30 and above group (6 percent NCHS versus. 7.8 percent combined).
We applied these correction factors to the NCHS data.
We calibrated the 2012 smoking prevalence from SimSmoke to the
adjusted NCHS maternal smoking prevalence by determining adjustment
factors that equilibrated the smoking prevalence to the adjusted maternal
prevalence by 5-year age groups (15–19, 20–24, . . . , 45–49). In SimSmoke,
estimates of prenatal smoking prevalence may change as a result of policies
through changes in prevalence, initiation or cessation rates (see above). For
changes in the MLA, the changes only take place through the initiation rate.
LBW Under the status quo, in 2015 the incidence rate of smoking-at-
tributable LBW babies is about 0.8 percent among the total births for all
the women of childbearing age (ages 14–49), but 1.3 percent for the ages
20–24 years. The rates decrease after 2015, except for the maternal age
group 15–19, in which the rate increases to 1.6 percent in 2100 due to the
sustained growth of the fertility rate. For all women of childbearing age, an
estimated 3.8 million LBW infants are projected to be born between 2015
and 2100 because of the mother’s prenatal smoking.
By raising the MLA to 19, SimSmoke estimates that there will be a
cumulative total of 2,000 LBW outcomes averted (range 1,200–2,800)
APPENDIX D 349
PTB Under the status quo, the smoking-attributable PTB incidence rate
for mothers of age 15–19 increases slightly, from 0.94 percent in 2015 to
0.95 percent in 2100, while the rates for other age groups all show slight
declines. For all women of childbearing age, the incidence rate is 0.51 per-
cent in 2015, decreasing to 0.49 percent by 2100. Because of escalating
birth rates, however, the number of smoking-attributable PTBs is estimated
to increase from 20,800 in 2015 to 28,200 in 2065 and 33,500 in 2100. A
total of about 2,307,000 smoking-attributable PTBs are predicted between
2015 and 2100.
An MLA of 19 is estimated to prevent a total of 1,300 smoking-
attributable PTBs (range 810–1,880) for all women of childbearing age
compared to the status quo level over the first 5 years, an additional 39,000
(range 29,500–52,000) within 50 years, and a total of 81,000 (range
60,000–105,000) for the entire span from 2015 to 2100. By increasing the
MLA to 21, the number of averted cases is predicted to be more than two
times higher than for an MLA of 19 for the age group 15–19 and more than
three times higher for age groups 20–24, 25–34, and 35–49. For all women,
MLA 21 is predicted to prevent a total of about 142,000 PTB cases (range
116,000–174,000) by 2065 and 283,300 cases (range 231,000–346,000) by
2100. Increasing the MLA to 25 is predicted to prevent a total of 385,000
PTBs (range 273,000–543,000) between 2015 and 2100.
SIDS Under the status quo policy, the incidence rate of smoking-attribut-
able SIDS for the maternal age group 15–49 is 0.008 percent in 2015. Since
birth rates are projected to increase, the estimated smoking-attributable
SIDS cases will slightly increase over time. From 2015 to 2100, the total
number of annual SIDS cases will increase by about 200 (from 320 to 520),
with a total of 35,600 smoking-attributable deaths over that period.
Over the period from 2015 to 2100, SimSmoke predicts a total of 1,100
(range 832–1,455) SIDS deaths would be averted by raising the MLA to
19; a total of 3,980 (range 3,200–4,900) deaths would be averted (range
3,200–4,900) under MLA 21; and 5,400 (range 3,800–7,700) deaths would
be averted under MLA 25.
APPENDIX D 351
Status Quo
MLA 19
MLA 21
MLA25
6
Women Men
10 14
Smoking prevalence (%)
FIGURE D-2 CISNET model–projected smoking prevalence for the upper scenarios
of the three MLA policy options for adults (18+), adult women, and adult men in
the United States for 2014–2100.
Status Quo
8 1 12 1 16 1
MLA 19
MLA 21
MLA25
6
Women Men
10 1 14 1
Smoking prevalence (%)
FIGURE D-3 CISNET model–projected smoking prevalence for the lower scenarios
of the three MLA policy options for adults (18+), adult women, and adult men in
the United States for 2014–2100.
APPENDIX D 353
Status Quo
MLA 19
MLA 21
MLA25
8
Women 10 12 14 16 18 20 Men
16
Smoking prevalence (%)
FIGURE D-4 SimSmoke model–projected smoking prevalence for the upper sce-
narios of the three MLA policy options for adults (18+), adult women, and adult
men in the United States for 2014–2100.
Status Quo
MLA 19
MLA 21
MLA25
8
Women 10 12 14 16 18 20 Men
16
Smoking prevalence (%)
FIGURE D-5 SimSmoke model–projected smoking prevalence for the lower sce-
narios of the three MLA policy options for adults (18+), adult women, and adult
men in the United States for 2014–2100.
APPENDIX D 355
TABLE D-11 Lifetime Years of Life Lost (YLL) by Cohort: CISNET Model, Upper Scenario
YLL Under YLL Under YLL Under
MLA 19 Upper MLA 19 % MLA 21 Upper MLA 21 % MLA 25 Upper MLA 25 %
Status Quo Scenario Reduction Scenario Reduction Scenario Reduction
2000–2019 40,116,000 1,518,000 3.8% 5,082,000 12.7% 7,855,000 19.6%
2020–2039 36,447,000 1,459,000 4.0% 4,884,000 13.4% 7,547,000 20.7%
2040–2059 36,084,000 1,445,000 4.0% 4,837,000 13.4% 7,475,000 20.7%
2060–2079 37,412,000 1,498,000 4.0% 5,015,000 13.4% 7,750,000 20.7%
TABLE D-13 Lifetime Years of Life Lost (YLL) by Cohort: CISNET Model, Lower Scenario
YLL Under YLL Under YLL Under
MLA 19 Lower MLA 19 % MLA 21 Lower MLA 21 % MLA 25 Lower MLA 25 %
Status Quo Scenario Reduction Scenario Reduction Scenario Reduction
2000–2019 40,116,000 982,000 2.4% 3,459,000 8.6% 3,946,000 9.8%
2020–2039 36,447,000 944,000 2.6% 3,324,000 9.1% 3,792,000 10.4%
2040–2059 36,084,000 935,000 2.6% 3,292,000 9.1% 3,755,000 10.4%
2060–2079 37,412,000 970,000 2.6% 3,414,000 9.1% 3,894,000 10.4%
APPENDIX D 359
MLA19
MLA21
Cumulative lung cancer deaths prevented
MLA25
100,000
60,000
20,000
0
MLA19
MLA21
Cumulative lung cancer deaths prevented
MLA25
100,000
60,000
20,000
0
APPENDIX D 361
140,000
Number of Premature Deaths
120,000
100,000
80,000
60,000
40,000
20,000
0
2000 2020 2040 2060 2080 2100
Year
Status quo Estimate Ideal
350,000
300,000
Number of Premature Deaths
250,000
200,000
150,000
100,000
50,000
0
2000 2020 2040 2060 2080 2100
Year
FIGURE D-9 CISNET model–projected number of male deaths prevented per year
for MLA 21. Ideal represents a scenario where no smoking initiation occurs after
2015.
12.0
Mean Pack-Years for Ages 40+
10.0
8.0
6.0
4.0
2.0
0.0
2000 2020 2040 2060 2080 2100
Year
FIGURE D-10 CISNET model–projected mean smoking pack-years for women age
40 or older for MLA 21.
APPENDIX D 363
20
Mean Pack-Years for Ages 40+
18
16
14
12
10
8
6
4
2
0
2000 2020 2040 2060 2080 2100
Year
FIGURE D-11 CISNET model–projected mean smoking pack-years for men age
40 or older for MLA 21.
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Appendix E
MEETING ONE
Tuesday, February 4, 2014
National Academy of Sciences, Board Room
2101 Constitution Avenue, NW
Washington, DC
Introductions
Richard Bonnie
11:30 a.m. State and Local Efforts in Raising the Minimum Purchase Age
Peter H. Fisher
Vice President, State Issues
Campaign for Tobacco-Free Kids
369
MEETING TWO
Thursday, April 10, 2014
Keck Center, Room 100
500 Fifth Street, NW
Washington, DC
OPEN SESSION
8:30 a.m. Adolescent and Young Adult Brain Development
Jay Giedd, M.D.
Chief, Brain Imaging Section
Child Psychiatry Branch, National Institute of Mental Health
APPENDIX E 371
2:45 p.m. The Role of Media Channels and Messages in Shaping U.S.
Tobacco Use Patterns
Donna Vallone, Ph.D., M.P.H.
Senior Vice President, Research and Evaluation
Legacy for Health
Closing Comments
Richard Bonnie, Committee Chair
(When no additional public comments, adjourn open session.)
Appendix F
373
APPENDIX F 375
ment related to social policy and interventions. His interests are focused on
drugs, crime, delinquency, and prevention. He received his M.S. in systems
science and mathematics from Washington University and his S.M. in elec-
trical engineering and computer science from the Massachusetts Institute
of Technology (MIT). He holds a Ph.D. in operations research, also from
MIT. For the IOM and the NRC, he has served on the Committee on Re-
ducing Tobacco Use: Strategies, Barriers, and Consequences (2007); the
Committee on Immunotherapies and Sustained-Release Formulations for
Treating Drug Addiction (2004); and the Committee on Estimating Costs
to the Department of Justice of Increased Border Security Enforcement by
the Department of Homeland Security (2010–2011), and, since 2013, the
Committee on Modernizing the Nation’s Crime Statistics.
HARLAN JUSTER, Ph.D., is the director of the New York State Depart-
ment of Health’s Bureau of Tobacco Control. The bureau administers
the statewide tobacco control program, which uses a population-oriented,
policy, and systems change approach to altering the tobacco environment
in New York. The program relies on evidence-based and promising inter-
ventions to reduce youth initiation, promote adult cessation, and eliminate
exposure to secondhand smoke. Prior to his role as director, he served as
manager of the tobacco surveillance, evaluation, and research team for the
same program. In that role he was responsible for program evaluation,
local and statewide surveillance, and contributing to the science of tobacco
control. Dr. Juster earned his Ph.D. in psychology from the University at
Albany and is a licensed psychologist in New York State.
APPENDIX F 377