Tobacco & E-Cigs
Happening NOw
Federal Movement to Ban Menthol Flavored Tobacco
The US Food and Drug Administration (FDA) commits to evidence based actions aimed at saving lives and reducing the number of future smokers through the banning of menthol cigarettes and flavored cigars, disproportionately marketed towards communities of color, youth, low socio-economic peoples, and the LGBTQ+ community.
There is strong evidence that a menthol ban will help people quit. Studies show that menthol increases the appeal of tobacco and facilitates progression to regular smoking, particularly among youth and young adults. Menthol masks unpleasant flavors and harshness of tobacco products, making them easier to start using. Tobacco products with menthol can also be more addictive and harder to quit by enhancing the effects of nicotine. One study suggests that banning menthol cigarettes in the U.S. would lead an additional 923,000 smokers to quit, including 230,000 African Americans in the first 13 to 17 months after a ban goes into effect. An earlier study projected that about 633,000 deaths would be averted, including about 237,000 deaths averted for African Americans.
For more on this FDA action, please click here.
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Want to see the latest legislative actions concerning Mental Health, Substance Abuse Prevention, Treatment and more? Please bookmark our site and visit the Oklahoma Department of Mental Health Services Network of Care Bill Tracker.
History of Tobacco and e-Cigarette Policy change
Want to know more about how our current tobacco laws evolved? Click the drop-down arrow.
1998
On November 23, 1998, 46 states settled their lawsuits against the nation’s major tobacco companies to recover tobacco-related health care costs, joining four states – Mississippi, Texas, Florida and Minnesota – that had reached earlier, individual settlements. These settlements require the tobacco companies to make annual payments to the states in perpetuity, with total payments estimated at $246 billion over the first 25 years.
2000
In November 2000, Oklahomans voted to amend their constitution to create an endowment with Master Settlement Agreement funds. This amendment established the Tobacco Settlement Endowment Trust Fund (TSET).
Oklahoma TSET: Keeping the Promise for Health | Tobacco Settlement Endowment Trust
Students Working against Tobacco (SWAT) program launched.
2002
New Tribal tobacco compacts negotiated (ongoing)
2003
The Oklahoma state legislature enacted a “preemption” law making it impossible for local communities to implement tobacco restrictions stronger than state law.
The Oklahoma Legislature passed the Smoking in Public Places and Indoor Workplaces Act, which required most indoor public places to be smoke-free.
The Oklahoma Tobacco Helpline is a resource for all tobacco users in Oklahoma who want to quit. The Helpline, launched in 2003, was the first initiative funded with TSET dollars.
The Oklahoma State Dept. of Health funds the Oklahoma Ethnic Tobacco Education Networks (M-POWER).
2004
Oklahoma voters approved an increase in excise taxes collected on cigarettes beginning January 1, 2005.
The Oklahoma Legislature approved changes that strengthened the Prevention of Youth Access to Tobacco Act.
Community-based programs were launched in October 2004. These programs incorporated the Communities of Excellence in Tobacco Control (CX) framework.
State Medicaid Agency (OHCA) covers all cessation products.
2006
The US District Court for the District of Columbia ruled that tobacco companies were guilty of breaking civil racketeering laws, marketing to children and minority populations, and lying to the public about the dangers of smoking.
Specific populations programs begin. Second wave of CX programs begin.
Restaurants covered by state smoking laws.
2007
The Oklahoma Tobacco Research Center established.
2008
State Health Choice Plan offers enhanced cessation coverage.
Tobacco Stops with Me campaign begins.
2009
Federal Tobacco Tax Increase; Federal Tobacco Control Act (Family Prevention and Tobacco Control Act).
2010
Oklahoma Certified Healthy Communities Act
2011
The Shape Your Future media campaign, launched in February 2011, encouraging Oklahomans to “eat better, move more, and be tobacco free.”
2012
Executive order was issued in May 2012, by Governor Mary Fallin, making all state-owned property tobacco, e-cigarette and vapor free, including state parks and resorts.
E-cigarettes added to Prevention of Youth Access Act.
2013
At the conclusion of FY 2013, CX-funded communities passed a total of 92 ordinances mirroring the state Smoking in Public Places and Indoor Workplaces Act and 88 ordinances mirroring the state Prevention of Youth Access to Tobacco Act.
At the conclusion of FY 2013, a total of 292 school districts in CX-funded counties had extended their tobacco-free policies to 24 hours a day, 7 days a week, compared to 33 such policies prior to the October 2004 launch of the CX program.
2014
New Unity Rate Tobacco Compacts with Tribes.
2015
TSET Healthy Living Programs begins.
The Oklahoma Health Care Authority removes co-pay barrier for tobacco counseling services; The Oklahoma Tobacco Helpline launches new services and messaging.
24/7 Tobacco-free Schools Act
2018
Housing and Urban Development (HUD) Rule requires Public Housing Authorities to be smoke free.
Increase in state excise tax on cigarettes and little cigars by $1.00.
2019
December 20. 2019, the federal Tobacco-Free Youth Act, passed prohibiting sales of all tobacco and vapor products to anyone under the age of 21 years old.
2020
Oklahoma Legislation raising the minimum age to purchase tobacco products from 18 to 21 is signed into law.
Several Oklahoma tribal nations have temporarily banned smoking at their hospitality and gaming venues. This response was based on mandatory mask requirements during COVID-19, as well as, smoking and exposure to secondhand smoke for susceptibility to more severe COVID-19 symptoms.
Oklahoma State leaders say they have agreed to a one-year extension with the Seminole Nation on a Tobacco Tax Compact. The Compact is an agreement between the State and the Seminole Nation that the two sovereigns will split evenly the tax revenue generated from the sale of cigarettes and tobacco products at the Nation’s business locations.
At the end of the 2020 legislative session, the Oklahoma legislature passed Senate Joint Resolution 27. That bill created State Question 814, which asks voters to change the constitution to amend how future payments from the 1998 lawsuit settlement with Big Tobacco are allocated. SQ 814 is currently on the November 2020 ballot.
2022
Oklahoma House Bill 3315 was approved by the Governor in May of 2022, and goes into effect in November of 2022. This bill directly relates to underage purchase, use, and possession (PUP) of tobacco products.
Eliminates the criminal and/or administrative penalty imposed by the Oklahoma Alcoholic Beverage Law Enforcement Commission (ABLE Commission). ABLE will no longer issue fines for underage purchase (under 21), use, or possession of tobacco products. The penalty is now education, or a tobacco use cessation program.
The biggest impact will be the shift from a penalty for underage tobacco purchase, use and possession to education or cessation. In essence treating underage tobacco use as a health problem as opposed to a civil violation.
Public Health Impacts
How have these policy changes impacted Oklahoma? Click the drop-down arrow to see some social, legal, and health consequences to individuals, communities, and our state.
The Facts
Tobacco Use & Health
Cigarette smoking is the leading cause of preventable disease in the United States.
More than 16 million Americans are currently dealing with a disease associated with smoking including cancer, heart disease, stroke, lung diseases, diabetes, and chronic obstructive pulmonary disease (CDC)
Additionally, secondhand smoke exposure is also harmful to health and contributes to approximately 41,000 deaths among nonsmoking adults by causing stroke, lung cancer, and coronary heart disease (CDC).
Smoking causes more than 90% of lung cancer related deaths in the United States.
More than 10 times as many U.S. citizens have died prematurely from cigarette smoking than have died in all the wars fought by the United States (CDC).
Women who smoke have more difficulty becoming pregnant. Additionally, mothers who smoke while pregnant are more likely to go into preterm labor. Babies born to mothers who smoke risk developing numerous health complications and/or dying from Sudden Infant Death Syndrome (SIDS).
Health Impacts of Smokeless Tobacco
The Dangers of Secondhand Smoke
Tobacco Use & Health Disparities
Disparities in tobacco use exist across groups according to ethnicity, race, education level, and socioeconomic status.
Despite the fact that African Americans generally start smoking later in life, they are still more likely to die from smoking-related diseases than white people (CDC)
American Indians have the highest prevalence of cigarette smoking among all racial/ethnic groups (CDC)
The leading cause of death among American Indians is cardiovascular disease and the leading cause of cancer deaths is lung cancer (CDC)
Adults with mental health disorders are more likely to smoke cigarettes than those without disorders (CDC).
On average, people with behavioral health conditions die five years earlier than those without such disorders and many of these deaths can be attributed to health complications developed as a result of cigarette smoking (CDC).
Tobacco Use and Health Disparities; CDC
Youth Tobacco and E-Cigarette Use
The CDC recognizes the youth use of tobacco products in any form as unsafe.
According to the CDC, if the rate of cigarette smoking continues as it is currently, then 5.6 million of today’s youth under the age of 18 will die prematurely from a smoking related illness.
It is important to prevent youth from using tobacco products because use generally begins during adolescence. Nearly 9 out of 10 adult smokers first tried cigarettes before the age of 18 (CDC).
Flavorings are used intentionally by tobacco companies to make products more appealing to youth. In 2020, 85% of high school students and 74% of middle school students who used tobacco products in the last 30 days reported using a flavored product in that time frame (CDC).
There are many factors associated youth tobacco use including tobacco companies marketing to youth, sensitivity to nicotine during adolescence, and genetics that might make it more difficult to quit. Other factors include low socioeconomic status, lack of parental support, low self-esteem, and saturation of tobacco advertising (CDC).
Tobacco Use Basics from the Centers for Disease Control (CDC)
Prevention Tools and Quit Resources
Want to do something about these consequences? Click the drop-down arrow to view some resources you can use in your home and your community to do your part in making Oklahoma a safer, healthier place to live.
Quit Resources for Adults
Quitting smoking lowers the risk for developing smoking-related diseases.
When a smoker is ready to make the decision to quit smoking, they are not alone. There are resources and support available at no cost.
SmokefreeTXT is a program designed for adults in the US who want to quit tobacco. The program lasts 6-8 weeks and participants receive 3-5 text messages per day. Interested individuals can text QUIT to 47848.
Sacred Use: This program defines the the role ceremonial tobacco use plays in Indigenous Peoples culture and how it differs from Commercial Tobacco use.
Oklahoma Tobacco Helpline. Quit tobacco use with free quit resources and coaches to help you reach your goal of becoming tobacco free.
Quit Resources for Teens
Behind the Haze: A new vaping messaging component of the new TSET Healthy Youth Initiative that is messaged specifically to teens.
This is Quitting is a text-based cessation program aimed at helping teens and young adults to quit vaping. The program allows participants to set their own quit date and will receive daily text messages based upon that date. Interested individuals can text DITCHJUUL to 88709.
My Life, My Quit ( For teens 13-17)
JUUL Fact Sheet. This page is about youth vaping; specifically as it relates to JUUL
Other Resources
Strategies to Improve the Health of Oklahomans from Common Sense Policy Solutions
I-800-QUIT-NOW is a free helpline that offers assistance to smokers in Oklahoma. The benefits of using the helpline include free patches, gum, or lozenges, coaching calls, web coaching, text messages, emails, and a free quit guide. These resources are available 24/7.
Quit Smoking: Tips From Former Smokers
for policymakers
Are you a policymaker looking for guidance? Click the drop-down arrow.
RESOURCES COMING SOON