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Advocates say such preemptive legislation is outdated and should be repealed.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.

The American Lung Association has released its 2022 State of Lung Cancer report, which shows Indiana has some work to do.

The leading cause of lung cancer is smoking, and the state ranks high in the Lung Association report with 19% of Hoosiers doing so. Indiana also ranks high with the second leading cause of lung cancer, as 40% of home radon tests are at or above the Environmental Protection Agency action level. With early detection, the five-year lung cancer survival rate is 61%.

Tiffany Nichols, Indiana director of advocacy for the American Lung Association, said many people don't realize treatments are possible.

"Many Hoosiers don't understand that there are lifesaving treatments out there," Nichols observed. "I think we need to do a better job at letting people that are at risk of getting lung cancer know there are things out there. They don't necessarily have to die from lung cancer."

She encouraged people to ask their doctors to find out if they are eligible for a lung-cancer screening.

Indiana ranks 20th in the nation in early screenings, but it still represents only 7% of high-risk patients, and nationally only 5% are screened. The Lung Association maintains states should mandate coverage of lung-cancer screenings "in all fee-for-service and managed-care plans without any financial or administrative barriers in their Medicaid programs."

Nichols added health professionals need to advocate for screenings.

"I think health professionals need to make it known that there are screening things that are out there that can help to diagnose and to check for lung cancer early," Nichols urged.

In March of last year, the U.S. Preventive Services Task Force updated the recommendations around lung cancer screenings to include a larger age range and more current and former people who smoke.

A new report from Stanford University finds tobacco companies continue to directly target African Americans, women, and young people with their advertising, creating a larger market for a product which has been linked for years to cardiovascular disease and cancer.

It comes as efforts are underway at the state and federal levels to remove menthol cigarettes from the market.

Dr. Robert K. Jackler, professor at the Stanford University School of Medicine and the report's lead author, said the preference among the targeted groups for menthol cigarettes is the product of a concerted campaign.

"Urban heavily Black-populated areas got carpeted by billboards and signs in store windows, discount coupons," Jackler explained. "The companies would have vans that would give out free samples of cigarettes in poor neighborhoods."

In 2020, the California Legislature prohibited most flavored tobacco products, but the law was put on hold when the industry gathered signatures to force a referendum. In November, voters will consider Proposition 31, which upholds the restrictions. And the industry is funding the "No on 31" campaign, arguing blocking adults from buying menthol products would lead to a drop in sales-tax revenue and create an illegal market, increasing crime.

Jackler predicted voters will pass the ballot initiative, reaffirming the California Legislature's intention to remove most forms of flavored tobacco from the market.

"The tobacco industry is very cynical," Jackler asserted. "They used the initiative petition to buy a couple of more years of profit off of California. They knew they were going to lose this, I think, in the election."

The report finds tobacco companies market menthol to youth because it makes it easier to smoke, masking the taste and numbing the throat. It also noted menthol encourages deeper inhalation and thus, greater exposure to nicotine.

Dr. Jessica Sims, medical director of managed care at UCLA Health and an American Heart Association volunteer expert, thinks removing menthol cigarettes and flavored vaping products from the market will improve public health.

"Nicotine itself has been demonstrated to cause permanent harm to the teenage brain that's still developing," emphasized. "It causes difficulties with attention and memory, and can impact someone's trajectory in life."

In April, the FDA proposed to remove menthol cigarettes and flavored cigars from the market but no final rule has been issued. In 2009, Congress passed the Family Smoking Prevention and Tobacco Control Act, which prohibited all flavors other than tobacco and menthol in cigarettes.

After an investigation found the e-cigarette maker Juul Labs deliberately targeted young people using a variety of marketing practices, Tennessee is among the states that will benefit from the court settlement.

Juul has said its aim has been to "transition adult smokers away from cigarettes," but states argued that its advertising showed otherwise. Tennessee is one of 34 states that will share more than $438 million.

In addition to explicit advertising to kids, said Tennessee Attorney General Jonathan Skrmetti, the company is required to stop even so-called "subtle" forms of marketing through social media and other avenues "such as funding education programs, which let them put their name and the existence of their product in front of kids. They're not allowed to use people under the age of 35 in their marketing. So, they can't pay influencers; they can't use celebrities who are younger, who appeal to younger people."

He added that the company can no longer sell flavors that aren't approved by the Food and Drug Administration, or misrepresent the nicotine content in its products. Juul also will have to verify the age of its followers on Twitter and Instagram. Skrmetti said the settlement money will go into the Office of the Attorney General's Reserve Fund, to support ongoing consumer-protection efforts.

Skrmetti said the company's tactics, like those of big tobacco in previous generations, were aimed at creating a new crop of long-term customers.

"If they're adults and they choose to use these products, that is their choice," he said. "But when they're younger - when they're more vulnerable, when they're not in a position to make that informed decision - this settlement will protect them from the subtle manipulation that could otherwise turn them into lifelong consumers."

According to the Centers for Disease Control and Prevention, as of last year, around 2 million middle- and high-school students said they recently had used e-cigarettes.