Youth Access to Tobacco

1. Youth Access to Tobacco

2. Youth Access Preventing Tobacco Use Initiation

3. The Cause

4. Why Do They Sell • Greed • Laziness • Ignorance • Social Norms

5. Access to Tobacco

6. 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

7. Youth Access • Point of Purchase • Vending Machines • Stealing • “Friends” or family

8. 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

9. Product Placement

10. Product Placement

11. Self Service Displays

12. Marketing Promotions

13. Marketing Promotions

14. Vending Machines • Small percentage nationally use vending machines • “New” cyber-vending machines • Placed in machines with other products • No true legal consequences

15. Stealing • 4.4% stole their cigarettes (as a regular means) • Easy way to initiate new users • Product Placement • Reimbursed at 100%

16. Friends & Family • 30.4% borrowed from friends or family • Another common form of initiation • Peer-Based marketing • (Skoal Bandit) • Social Norms

17. The Law

18. Law • Preemption • SYNAR Laws • Current State Law

19. 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

20. 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.

21. 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

22. 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.

23. 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

24. 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

25. Solutions

26. What can WE do? • Changes in the law • Product Placement • Modification of id’s • Community Compliance Checks • Pricing • Media • Education

27. 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

28. Product Placement • Remove self-service displays • Remove Point of Purchase displays • Place tobacco products under, behind, or above counter

29. Modification of ID’s • Modify under 18 ids from horizontal to vertical • Provide data strip on ID

30. Community Retailer Surveys • Retailer Surveys/Education • Publication of survey results • Awards/Certificates to retailers who pass

31. Pricing • Increase in tobacco excise tax

32. Media • Report violators • Promote change • Change social norms (friends & parents) • Rally Support

33. Education • Basic Math! • Change Norms • Encourage ID checks

34. “We’re not sure that anything can be done to halt a major exodus if one gets going among the young.”Phillip Morris, 1974 THEY FEAR YOU