FRANKFORT, Ky. -- Since 1996, Kentucky has barred cities and counties from enacting tobacco control measures to govern the marketing and sale of tobacco products.

Advocates say such preemptive legislation is outdated and should be repealed. Known as preemption laws, they are currently on the books in twelve states, largely due to lobbying efforts by Big Tobacco.

Ben Chandler, CEO of the Foundation for a Healthy Kentucky, said county and city governments have ideas for reducing vape product use and exposure to secondhand smoke, yet can't take action.

"If for instance, schools in a community didn't want to vape shops right next to a school, they, today under the present law, cannot regulate that," Chandler explained.

Sen. Julie Adams, R-Louisville, and Rep. Kim Moser, R-Taylor Mill, said they plan to file a local tobacco control bill early next year that would repeal the ban.

Smoking kills nearly 9,000 Kentuckians each year and racks up $1.9 billion dollars in state healthcare costs. Kentucky continues to lead the nation in cancer rates.

Chandler said grassroots efforts across the country have sparked innovative measures to discourage tobacco use among young people, shift local social norms around smoking and vaping, and improve the health of residents. He believes municipalities in the Commonwealth should be given the same independence.

"You know, you hear all the time from politicians that they believe most things ought to be controlled at the local level," Chandler observed. "And this is a good example of a thing that should be controlled at the local level because communities know what's best for their people."

Legislators in Frankfort have passed several bills in recent years aimed at curbing tobacco use, including increasing excise taxes on cigarettes and vaping products, establishing a statewide tobacco-free school campus law, and raising the minimum legal sales age for all tobacco products to 21.

Shannon Smith, Kentucky government relations director for the American Heart Association, said while overall smoking rates in the state are on the decline, certain populations, such as pregnant women continue to be at risk.

"And in Kentucky we have a disproportionate number of pregnant women that smoke," Smith remarked. "So if we could provide tools for communities to really look at how to better address the needs of that community to control tobacco use, we could improve the health outcomes of not only just the mothers but of the babies and families as well."

She added exposure to secondhand smoke is a top public health threat, noting children exposed to secondhand smoke are more likely to experience severe asthma and respiratory infections, and babies are more likely to die from sudden infant death syndrome.

Studies also have found children living in households where adults smoke end up in hospital emergency rooms more than kids living in smoke-free homes.

MINNEAPOLIS -- The Food and Drug Administration is exploring a ban on menthol-flavored cigarettes, a move tobacco-control advocates say is long overdue. They argued it shouldn't stop similar efforts in states such as Minnesota.

Supporters of the recently announced federal action acknowledged rules could take years to develop while facing expected lawsuits from the tobacco industry, which is why they want approval of a statewide bill to ban all flavored tobacco sales. Many municipalities in Minnesota have adopted their own bans.

LaTrisha Vetaw, health policy and advocacy manager at NorthPoint Health and Wellness Center, said the crackdown on menthol products in Minneapolis has helped, but the industry has tried to work around it.

"A corner store can no longer sell menthol or flavored tobacco products," Vetaw explained. "But now, they've put in four clear walls inside of these stores and are calling it a tobacco shop within a corner store."

Vetaw and others calling for higher-level bans contended they would help end heavy marketing of menthol products in Black communities. Opponents, including retailers, countered a ban could have unintended consequences, including the creation of more underground markets.

The proposed state ban has seen activity in recent legislative sessions, but hasn't been able to clear all the necessary hurdles.

Republican lawmakers who are skeptical of a statewide ban said it sends mixed messages amid a push for marijuana legalization. But tobacco prevention groups, not part of the legalization effort, pointed out there are a range of health effects from smoking that need to be addressed.

Laura Smith, spokesperson for ClearWay Minnesota and Minnesotans for a Smoke Free Generation, emphasized the need to press forward.

"That's why we're continuing to work statewide and on the local level to get these life-saving policies passed, because we know they can a make a big difference towards reducing these tobacco addictions and easing disparities that many people face, especially Black Americans."

The Centers for Disease Control and Prevention reports 93% of Black adults who smoke started by using menthol cigarettes.

Aside from bans, the groups say the state needs to stay committed to funding prevention efforts. Various budget proposals this spring included higher totals, with money for health equity in prevention work, but advocates stressed it still needs to be part of the final spending plan.

ST. PAUL, Minn. -- A proposal to ban the sale of all flavored tobacco products in Minnesota has resurfaced in the Legislature.

House Bill 904, which cleared a House committee Wednesday, comes with renewed backing of those wanting to address health disparities across the state.

The measure would prohibit retailers from selling flavored tobacco and related products, including menthol cigarettes.

Rep. Cedrick Frazier, DFL-New Hope, the bill's sponsor, said now is the time to restrict items that have been heavily marketed in communities of color.

"Let's put the health of our kids and the health of our Black brothers and sisters ahead of Big Tobacco profits," Frazier urged.

Supporters also said the move would address the dangers of vaping among teens and young adults.

At this week's hearing, there was opposition from those representing retailers, who say the ban would push buyers into other states while creating a dangerous underground market.

Laura Smith, spokesperson for the nonprofit group ClearWay Minnesota and Minnesotans for a Smoke Free Generation, countered in light of last year's racial reckoning and the pandemic, there's more urgency to address health disparities facing marginalized communities, and reducing tobacco dependency would be a big help.

"We think that should be a huge impetus for getting this done this session," Smith asserted.

Late last year, the Minnesota House Select Committee on Racial Justice recommended action as part of a broader effort to eliminate disparities.

Meanwhile, more than a dozen Minnesota cities have enacted their own restrictions for selling flavored tobacco.


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DES MOINES, Iowa -- The risks facing health-care providers, retail staff and public service employees during the COVID-19 crisis have brought renewed focus on workplace safeguards.

In Iowa, there is a push to add protections for a certain class of hospitality workers.

The state's 2008 law that prohibits smoking in public places includes an exemption for casinos, which still can allow "lighting up" on gaming floors. Some venues, including all the states tribal casinos, have temporarily banned indoor smoking during COVID-19.

Health advocates say it's time for Iowa to institute a permanent ban.

Stacy Frelund, Iowa government relations director for the American Heart Association, said the longstanding concern has more urgency now.

"We have had casino workers in the past reach out to our coalition about having to be exposed to second-hand smoke," Frelund observed. "In this time that we're in right now, it only makes sense to provide health to all of our workers throughout the state."

Frelund noted they also want to protect non-smoking patrons at casinos. Her group is in talks with lawmakers to get a bill introduced this session that would amend the law.

In the past, state-licensed casinos have argued against such efforts, saying it would hurt their ability to attract customers, especially those near bordering states that also allow casino smoking.

But Frelund argued if casinos want to stay relevant, they should try to cater to a customer base that could keep their operations thriving in the long run.

"A lot of your younger population is accustomed to having smoke-free places," Frelund pointed out.

The Heart Association is also pushing for passage of a bill that would pave the way for e-cigarettes to be covered by the Smokefree Air Act.