The 13th World Conference on Tobacco OR Health

Objective: The use of non-cigarette tobacco products represents a significant health risk and is not a safe substitute for smoking cigarettes. Although these products can cause cancer and are addictive, lawmakers have not consistently included bidis and smokeless tobacco in state tobacco control laws. Although the Surgeon General reports that smokeless tobacco use among youths is a likely gateway to cigarette use, legislative activity tends to focus on cigarettes and does not always address non-cigarette tobacco products specifically.

Methods: Using data from the NCI's State Cancer Legislative Database, we will examine state legislatures' limited attention to these tobacco products and show the legislative disparity that exists when compared to cigarette-related laws.

Results: As of September 30, 2005, all 50 states and the District of Columbia have laws addressing youth access to cigarettes and smokeless tobacco; however, only 13 states have laws addressing bidis or candy-like tobacco products. Over 75 percent of states have laws restricting or prohibiting cigarettes in schools, but only seven prohibit smokeless tobacco use or possession.

While the laws imposed on cigarette distribution through vending machines and as product samples are universal, the limitations on other tobacco products are less specific and do not always encompass all products.

All states impose excise taxes on cigarettes per pack, yet taxation of other tobacco products is less consistent. Some states tax products based on a percentage of price, while others impose a tax based on weight or volume. Four states impose no tax on smokeless tobacco at all.