shaping tobacco control in louisiana: then and now dr. charles l. brown, md lsu health sciences...

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Shaping Tobacco Control in Louisiana: Then and Now Dr. Charles L. Brown, MD LSU Health Sciences School of Public Health March 27, 2007

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Page 1: Shaping Tobacco Control in Louisiana: Then and Now Dr. Charles L. Brown, MD LSU Health Sciences School of Public Health March 27, 2007

Shaping Tobacco Control in Louisiana: Then and Now

Dr. Charles L. Brown, MDLSU Health Sciences School of Public Health

March 27, 2007

Page 2: Shaping Tobacco Control in Louisiana: Then and Now Dr. Charles L. Brown, MD LSU Health Sciences School of Public Health March 27, 2007

Overview and Introduction

Tobacco is the great public health story of our country The cigarette has made more money and caused more

illness than any other consumer product The science of the manipulation of this agricultural product

into a deadly drug delivery system needs retelling over and over.

The control of tobacco use has evolved over many years and has involved health promotion, legislation, litigation and regulation and is still unsolved.

All interested in public health need to study the story of tobacco control to devise new approaches to the control of use and how this may be applied to other health related problems.

Page 3: Shaping Tobacco Control in Louisiana: Then and Now Dr. Charles L. Brown, MD LSU Health Sciences School of Public Health March 27, 2007

Overview and Introduction

High school students who smoke 25%

Adults who smoke 22.6%

Adults who die each year 6,400

Second hand smoke deaths 610-1090

Direct health care costs $1.47 Billion

Impact of monthly tobacco sales on the state of Louisiana

Page 4: Shaping Tobacco Control in Louisiana: Then and Now Dr. Charles L. Brown, MD LSU Health Sciences School of Public Health March 27, 2007

State Medicaid program $663 million

Productivity losses $1.91 Billion

Louisiana marketing $285 million

Per pack subsidy $8.00

Overview and Introduction Impact of monthly tobacco sales on the

state of Louisiana

Page 5: Shaping Tobacco Control in Louisiana: Then and Now Dr. Charles L. Brown, MD LSU Health Sciences School of Public Health March 27, 2007

Louisianans’ Contribution on the adverse effects of tobacco use

Dr. Alton Ochsner, MD

Dr. Jack Strong, MD

Elizabeth T. H. Fontham, MPH, Dr PH.

Dr. Sarah Moody-Thomas, PhD

The Castano Group

Page 6: Shaping Tobacco Control in Louisiana: Then and Now Dr. Charles L. Brown, MD LSU Health Sciences School of Public Health March 27, 2007

National Milestones of Tobacco Control January 1964- The Surgeon General’s Report

that points out the health hazard of cigarette smoking

July 1965- The Federal Cigarette Labeling and Advertising Act

April 1970- The Public Health Cigarettes Smoking Act of 1969

1982- The Surgeon General identifies cigarette smoking as the chief preventable cause of death.

October 1984- The Comprehensive Smoking Education Act

Page 7: Shaping Tobacco Control in Louisiana: Then and Now Dr. Charles L. Brown, MD LSU Health Sciences School of Public Health March 27, 2007

October 1987- The CDC estimates 315,120 deaths per year result from cigarette smoking. Subsequently raised to 430,000.

December 1987- Congress bans smoking on domestic flights of two hours or less.

November 1989- Congress bans smoking on all domestic commercial airline flights

July 1992- The Synar Amendment prohibits sale of tobacco to 18 and under.

February 1994- Commissioner David A. Kessler of the FDA announces intention to regulate cigarettes because of the nicotine.

National Milestones of Tobacco Control

Page 8: Shaping Tobacco Control in Louisiana: Then and Now Dr. Charles L. Brown, MD LSU Health Sciences School of Public Health March 27, 2007

May 1994- Mike Moore sues to recover cost of Medicaid expenditures caring for tobacco related illnesses.

June 1997-1998- Attempt to get Congress to approve the settlement between the tobacco companies and the AG’s. This failed

June 1997- Mississippi, Florida, Texas and Minnesota settled with the tobacco industry

August 1998-Fourth Circuit ruled that the FDA lacked jurisdiction over tobacco.

November 1998- Master Settlements Agreement.

National Milestones of Tobacco Control

Page 9: Shaping Tobacco Control in Louisiana: Then and Now Dr. Charles L. Brown, MD LSU Health Sciences School of Public Health March 27, 2007

September 1999- Department of Defense files a civil lawsuit against the tobacco industry. A year later the case proceeded under RICO. The final judgment was in 2006.

March 2000- The Supreme Court ruled that the FDA could not regulate tobacco.

National Milestones of Tobacco Control

Page 10: Shaping Tobacco Control in Louisiana: Then and Now Dr. Charles L. Brown, MD LSU Health Sciences School of Public Health March 27, 2007

1983- Louisiana Clean Indoor Air Act with a pre-emption clause

1986- Allows for smoking in all areas of the Superdome EXCEPT for the arena.

June 1997- Senator Ullo’s bill regulating the sale of tobacco

June 1998- Attempt to raise the excise tax- failed

November 1998- Master Settlement Agreement

State Milestones of Tobacco Control

Page 11: Shaping Tobacco Control in Louisiana: Then and Now Dr. Charles L. Brown, MD LSU Health Sciences School of Public Health March 27, 2007

June 1999- Attempt at Statewide Tobacco Control Program- Failed

October 1999 Constitutional Amendment – Millennium Trust Fund

June 2000- Increase excise tax by 4 cents until 2002

June 2001- Attempt at pre-emption repeal- FAILED

2001- Securitization of 60% of MSA.

State Milestones of Tobacco Control

Page 12: Shaping Tobacco Control in Louisiana: Then and Now Dr. Charles L. Brown, MD LSU Health Sciences School of Public Health March 27, 2007

2002- Special session- Created the Louisiana Cancer Control Consortium

June 2002- Increase of the excise tax by 12 cents and renewed 4 cents

June 2003- Prohibits smoking in all areas of the Superdome; Change if the wording of pre-emption but not repeal

State Milestones of Tobacco Control

Page 13: Shaping Tobacco Control in Louisiana: Then and Now Dr. Charles L. Brown, MD LSU Health Sciences School of Public Health March 27, 2007

July 2003- Creation of TFL and LPHI contract

June 2005- Attempt to increase excise tax and repeal of preemption failed

June 2006- Act 815- The New Clean Indoor Air Act and the repeal of pre-emption.

State Milestones of Tobacco Control

Page 14: Shaping Tobacco Control in Louisiana: Then and Now Dr. Charles L. Brown, MD LSU Health Sciences School of Public Health March 27, 2007

A Long Time Ago-June 1964

Prohibition of sale to minors Taxation of the product Labeling with health effects Advertising prohibition Counter Advertising Education Cessation efforts

Page 15: Shaping Tobacco Control in Louisiana: Then and Now Dr. Charles L. Brown, MD LSU Health Sciences School of Public Health March 27, 2007

Legislation versus Litigation

Policymaking by legislation

Policymaking by litigation

Adversarial legalism

Page 16: Shaping Tobacco Control in Louisiana: Then and Now Dr. Charles L. Brown, MD LSU Health Sciences School of Public Health March 27, 2007

WHAT NEXT?

Tobacco has lost its bloom Look again at the pharmacology of

addiction and explore new drugs that interrupt the changes in the neurotransmitters of the brain

Revisit the whole problem of youth use. What have we learned from the past that we can change in the future?

Page 17: Shaping Tobacco Control in Louisiana: Then and Now Dr. Charles L. Brown, MD LSU Health Sciences School of Public Health March 27, 2007

Is there any possibility to examine the MSA and the dependence of the States on this income stream?

Explore in detail the subsidization of the tobacco industry in which we care for those made ill rather than having them pay up front for their eventual illness.

Look again at the cessation effort with particular attention to those groups with excess use to target the efforts.

WHAT NEXT?