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May Newsletter

FDA Issues Final "Deeming" Tobacco Regulations

On May 5, 2016, the FDA released its final deeming regulation in a long-awaited, 499-page document outlining the tobacco and nicotine products over which it now has regulation authority, along with detailing the requirements associated with the sale of these products. The agency now regulates electronic nicotine delivery systems (e.g. e-cigarettes, vape pens, e-hookah, advanced refillable personal vaporizers, electronic pipes), all cigars (including little cigars, cigarillos, and premium cigars), hookah (waterpipe) tobacco, pipe tobacco, nicotine gels, dissolvables, and any novel and future tobacco products.  For additional information, review our summary and the following fact sheets from the Tobacco Control Legal Consortium (TCLC): 

Tune in Thursday, May 19th at 2pm ET for TCLC's webinar: "The Deeming Rule Explained: What the Public Health Community Needs to Know," featuring the FDA's Mitch Zeller. Register here!
Archived CDC OSH Point of Sale Webinar
Controlling Your Own Density: 
Strategies to Reduce the Number of Tobacco Outlets in Your Community
View the recorded webinar and download the slides here 
Because the density of tobacco retailers is associated with increased tobacco use and initiation, many communities are implementing strategies to reduce the density of tobacco outlets, particularly in low-income neighborhoods and communities of color, where tobacco retailer density is disproportionately high.

This webinar, held on May 3rd as part of the CDC/OSH point-of-sale webinar series, discusses the importance of density reduction as a tobacco control strategy. Experts explore different approaches for reducing density and outline the legal issues involved with addressing existing retailers. One guest discusses San Francisco’s equity-focused density reduction ordinance

Learn more about licensing and zoning as strategies to reduce retailer density and about disparities in retailer density.
New Resources
What surround us shapes us: Making the environmental case for tobacco control
Public Health Institute's Berkeley Media Studies Group and the Public Health Advocacy Institute have published a new framing brief. As stated in the guide:
"...When the tobacco industry frames point of sale tobacco marketing as 'freedom of speech' or as 'providing customers with information,' people may not feel inclined to see this marketing as harmful. When the issue is framed differently—'certain communities are unfairly burdened by retail marketing'—people may be more inclined to recognize the problem...."\
Check it out for more media advocacy tips! 
Tobacco Point of Sale Policy Toolkit 
The Tobacco Control Legal Consortium has developed a new series of resources on how local governments can address the sale of tobacco and related devices and products in the retail environment through strategies such as licensing and regulations. Although these resources are Minnesota-specific, much of the information they contain is relevant nationally. The resources include: Compliance and Local Enforcement ProgramsEstablishing a Minimum Clerk AgeRetail License FeesViolations and Penalties , and Product Samples and Sampling.

More Policy News and Research's latest "News and Research Roundup," a monthly summary of the latest POS research, reports, and policy news is out.  Highlights:
Tobacco 21 News 

This month, California became the second state to raise the minimum legal sale age for tobacco to 21! Localities that have raised the minimum legal sale age to 21 in the past month include:
New Research
Reducing the density and number of tobacco retailers: Policy solutions and legal issuesNicotine & Tobacco Research
  • This paper provides an overview of policy options for reducing the number and density of tobacco retailers through licensing, zoning, and direct regulation.  It also analyzes potential legal challenges to those policy options. Policies discussed include:  imposing minimum distance requirements between existing retailers, capping the number of retailers in a given geographic area, establishing a maximum number of retailers proportional to population size, and prohibiting sales at certain types of establishments, such as pharmacies, or within a certain distance of locations serving youth. The authors conclude that because of evidence linking tobacco retailer density to smoking rates at a community level, courts are likely to reject constitutional challenges to well-designed polices that aim to reduce tobacco retailer density. Learn more about licensing and zoning as strategies to reduce retailer density. 
  • While cigarette smoking had been on a decline since 2011, when the youth smoking rate was at 15.8%, no progress was made between 2014 (9.2%) and 2015 (9.3%). However, e-cigarettes have become the most commonly used tobacco product among youth, and use is continuing to grow, with 16% of high school students and 5.3% of middle school students reporting use – a total of 3 million youth. Cigars also remain popular, with cigar use among high school boys actually surpassing cigarette use. About one in four high school students use some form of tobacco use, and half of those use at least two products. Click the CDC's infographic at right to enlarge. 
Exposure to Advertisements and Electronic Cigarette Use Among US Middle and High School StudentsPediatrics
  • This study found that exposure to e-cigarette advertising in the retail setting is associated with e-cigarette use among middle and high school students. The association also increases in magnitude as exposure increases - the greater the exposure to advertising, the greater the likelihood of e-cigarette use. 14.4 million middle and high school students report exposure to ads in stores, and high school students who reported the most exposure were 91% more likely to be current e-cigarette users.  Middle school students with the highest exposure were more than twice as likely to be current users. Learn more about e-cigarettes at the point of sale
The latest and greatest from our
Media Galleries

Montana Tobacco Use Prevention Program's latest media campaign focuses on point of sale and big tobacco's advertising tactics that appeal to youth. Click to watch the TV spot!
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