Youth Access to Tobacco

Youth Access

Preventing Tobacco Use Initiation

The Cause

Why Do They Sell

• Greed• Laziness• Ignorance• Social Norms

Access to Tobacco

Youth Access

“If you are really and truly not going to sell to children, you are going to be out of business in 30 years.”

- Liggett Tobacco

Youth Access

• Point of Purchase• Vending Machines• Stealing• “Friends” or family

Point of Purchase

• 23.5% purchased from a store• 29.9% gave money to others to buy for

them• More frequent smokers bought their own

at a higher rate then other groups• Minor retailers sell more often

Product Placement

Product Placement

Self Service Displays

Marketing Promotions

Marketing Promotions

Vending Machines

• Small percentage nationally use vending machines

• “New” cyber-vending machines

• Placed in machines with other products

• No true legal consequences

Stealing

• 4.4% stole their cigarettes (as a regular means)

• Easy way to initiate new users• Product Placement• Reimbursed at 100%

Friends & Family

• 30.4% borrowed from friends or family

• Another common form of initiation

• Peer-Based marketing– (Skoal Bandit)

• Social Norms

The Law

Law

• Preemption• SYNAR Laws• Current State Law

Preemption

• Youth Access is always a major preemption push

• Very weak state law• Cities & Counties are unable

to create laws and in some cases unable to enforce existing laws

Synar Laws

• Named for Oklahoma Sen. Mike Synar (died in 1996)

• Federal funds contingent on reduction of illegal sales to minors

• Oklahoma is bottom 10 in nation• ABLE Commission rates differ

from FDA compliance rates• Artificial reduction of numbers

using 14-15 year olds.

The Law

• Current Law (written by TI) makes youth the criminals.. Not the retailers

• No one under 18 can PURCHASE tobacco products

• No one under 18 can POSSESS tobacco products

• Individuals under 18 CAN sell tobacco products

The Law

• Retailers must have a sign stating they do not sell to under 18

• Signs often provided by Phillip Morris “We Card” program

• No mandatory training. No mandatory requests for ID.

Tobacco Vending Machines The Law

• Machines must not be accessible to youth

• If in a common area, machines must use a kill switch, tokens, or be under “constant supervision” by an employee

• Laws are NOT enforced

Penalties

• Confusing conflicting statutes– All current laws apply to the clerk

only (unless 3 sales by same person)• Under 600.4:

– Fine may not exceed $100 for first offense or $200 for second offense

• Under OS21 Section 1242:– Minimum fine $25 Max $200– AND imprisoned for Min- 10 days Max

90 days

Solutions

What can WE do?

• Changes in the law• Product Placement• Modification of id’s• Community Compliance Checks• Pricing• Media• Education

Changes in the Law

• Implement penalties for store owners/managers

• Increase penalties including license suspension

• Allow for local law enforcement/health dept to monitor compliance

• Ban vending machines• Repeal Preemption

Product Placement

• Remove self-service displays• Remove Point of Purchase

displays• Place tobacco products

under, behind, or above counter

Modification of ID’s

• Modify under 18 ids from horizontal to vertical

• Provide data strip on ID

Community Retailer Surveys

• Retailer Surveys/Education• Publication of survey results• Awards/Certificates to

retailers who pass

Pricing

• Increase in tobacco excise tax

Media

• Report violators• Promote change• Change social norms (friends

& parents)• Rally Support

Education

• Basic Math!• Change Norms• Encourage ID checks

THEY FEAR YOU

“We’re not sure that anything can be done to halt a major exodus if one gets going among the young.”

Phillip Morris, 1974